Articles

ZUMA CONTEMPT OF COURT JUDGMENT: A NEW HORIZON FOR CONTEMPT OF COURT CASES?

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…

ARE AGREEMENTS TO AGREE ENFORCEABLE IN THE ABSENCE OF A DEADLOCK-BREAKING MECHANISM?

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…

CRIMES OF EMPLOYEES VISITED ON THEIR EMPLOYERS

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…

SALE OF IMMOVABLE PROPERTY: THE DEVIL IS IN THE DETAIL

While paying attention to detail has always been fundamental to conveyancing, the current Covid-19 pandemic and ensuing economic crisis have served to emphasize the need to be particularly thorough when it comes to buying or selling immovable property.  Unfortunately, like with so many other industries, Covid-19 has had a detrimental impact on the real estate…