Contempt of Court is divided into two categories namely, civil contempt and criminal contempt. Criminal contempt concerns a disgrace which is brought upon the Court’s moral authority, whereas in civil contempt, an action of disobedience is displayed. Importantly, not all instances of disobedience of a court order will automatically justify the remedy of contempt of…
Alert Level 4 – Lockdown Regulations
In this case, it was argued that certain provisions of the Films and Publications Act 65 of 1996 should be declared unconstitutional. Section 16(2)(a) of Act 65 of 1996 provided for the pre-publication classification of certain materials of a sexual nature. Any person, except a bona fide newspaper subject to a press code, was required…
Company Secretarial Services
CASE SUMMARY- Beadica 23 CC and Others v Trustees for the time being of the Oregon Trust and Others
PART 2 [update to our article: http://themislawchambers.co.za/agreements-agree-parties-obligation-negotiate-good-faith/ due to the legal position following a new case] Agreements to agree (Pacta de Contrahenda) are generally regarded as a kind of contract which has the purpose of creating an agreement in the future. Parties to an agreement may not be able to agree on some of the…
In recent judgments by the Supreme Court of Appeal and the High Court in Johannesburg, our courts have held that employers may be held liable for the damages caused by the criminal conduct of their employees in spite of the fact that such criminal conduct was clearly not committed in the course and scope of…
ALERT LEVEL 3 – AMENDED LOCKDOWN REGULATIONS
ALERT LEVEL 3 – AMENDED LOCKDOWN REGULATIONS
Introduction In a day and age where uncertain times seem to be the only constant, many married couples are faced with the question of whether their marital regime best serves them, and if not, then whether they can merely agree for it to change? Recent Case Law In the recent matter of Anita…