Without Prejudice - Volume 12, Issue 8, 2012
Volume 12, Issue 8, 2012
Author Emma DempsterSource: Without Prejudice 12, pp 42 –43 (2012)More Less
The "Conditions of Contract for EPC/Turnkey Projects" First Edition 1999 (ISBN 2-88432-021-0) (FIDIC Silver Book) form of engineer, procure and construct (EPC) contract is commonly used in South Africa (and internationally) for construction contracts in the power sectors.
Author Carol HolnessSource: Without Prejudice 12, pp 43 –45 (2012)More Less
South Africa has the busiest ports in Africa but the ships that call here are not registered in South Africa, nor are the owners of the ships South African companies. There are no South African ships to carry South African cargoes and only very rarely are South African registered companies the contractual carriers of cargo. So what remedies are available to South African maritime interests when claims arise in respect of damaged cargo or when ship-owners fail to pay for services rendered to their ships?
Author Siboniso MncwangoSource: Without Prejudice 12, pp 45 –46 (2012)More Less
An employee of a supplier can be held liable to a third party for the harm caused to the consumer due to conduct prohibited by the Consumer Protection Act. This is over and above any labour law remedies or sanctions that the employer (supplier) may have against the guilty employee.
Source: Without Prejudice 12, pp 46 –48 (2012)More Less
The recent decision in Bayerische Motoren Werke Aktiengesellschaft v Grandmark International (Pty) Ltd  ZAGPPHC 139 (available at http://www.saflii.org/za/cases/ZAGPPHC/2012/139.html) again highlights the fact that intellectual property law somehow sits uneasily with shapes. This is a brief discussion of the position as it pertains to the various categories of intellectual property law, namely, unlawful competition, trade marks, copyright and designs.
Source: Without Prejudice 12, pp 50 –51 (2012)More Less
On July 13 the Minister of Agriculture, Forestry and Fisheries amended the Regulations relating to the Limitation on the Use of Certain Particulars in Connection with the Sale of Liquor Products (the Regulations). These Regulations fall under the Liquor Products Act. The most recent amendment to the Regulations was in May 2009 when the Minister restricted the use of medals, stickers, symbols, discs or any other devices that convey the impression that the liquor product that is being sold has received an award or a medal.
Author Lauren FrizelleSource: Without Prejudice 12, pp 54 –55 (2012)More Less
Along with all the stories of great sporting feats that have come out of the 2012 London Olympics, there've been a fair number of stories of absolute lunacy (and no, I'm not talking about Rowan Atkinson's performance at the opening ceremony or the performance of Boris Johnson's hair at every appearance).
Author Carla MoerdykSource: Without Prejudice 12, pp 55 –57 (2012)More Less
In a judgement handed down in the matter of Gallagher Group Ltd and Another v I O Tech Manufacturing and Others (96/6799)  ZACCP 1 (February 8 2012) (Gallagher), the North Gauteng High Court adopted an approach to evaluating contributory or indirect infringement of patents which differs from that established in previous matters by the Court of the Commissioner of Patents.
Author Hugh MoubraySource: Without Prejudice 12, pp 57 –58 (2012)More Less
Author Alicia CastlemanSource: Without Prejudice 12, pp 60 –62 (2012)More Less
Since the arrival of the information era through the internet many South African companies have been affected by domain name hijacking, cyber-squatting or simply the unauthorised registration of trade marks as domain names. In the past, disputes of this nature had to be settled through expensive and time consuming court proceedings. Now they are settled through an Alternative Dispute Resolution (ADR) process in terms of regulations governed by the Electronic Communications and Transactions Act ( 2002). The ADR process is administered by the South African Institute of Intellectual Property Law (SAIIPL).
Author Lwando XasoSource: Without Prejudice 12, pp 62 –63 (2012)More Less
In January, in Hosanna-Tabor Evangelical Lutheran Church and School v The EEOC, the United States' Supreme Court extended the principle of church and state separation to protect religious schools from discrimination lawsuits by teachers and school employees who serve as ministers.
Author Nemo JudexSource: Without Prejudice 12 (2012)More Less
Financial Services Board v Flat Broker Services (Pty) Ltd
Foss-Harbottle J: It well well-known that insurance services are grudge purchases. The respondent, Flat Broker Services, has devised a way of promoting insurance services as a nudge purchase and the Financial Services Board does not like it.
Author Ari KaplanSource: Without Prejudice 12, pp 71 –72 (2012)More Less
I took a random sampling of 82 lawyers, of whom 54 reported that they have a LinkedIn account. However, most of them admitted that their use is ineffective. Respondents wrote: "I am a member of LinkedIn, but don't really see the benefit of that site;" "I do have a LinkedIn account but have done nothing with it;" or "I still have not figured out how to effectively use LinkedIn."
Author Simon DoddSource: Without Prejudice 12, pp 72 –73 (2012)More Less
S37D(1)(b) of the Pension Funds Act (the PFA) allows a retirement fund to deduct any amount due by a member to his or her employer on the date of his withdrawal from the fund in respect of compensation for damage caused to the employer by reason of the member's theft, dishonesty, fraud or misconduct. Such a deduction is possible only if the member has admitted liability in writing or judgement has been obtained against the member.
Author Alexander RocherSource: Without Prejudice 12, pp 73 –75 (2012)More Less
Parties to dismissal disputes are, in the case of misconduct and incapacity dismissals, compelled to have their disputes determined by compulsory arbitration at the Commission for Conciliation, Mediation and Arbitration [CCMA] or the applicable sector or industry bargaining council or statutory council.
Author Mubeen SablaySource: Without Prejudice 12, pp 75 –76 (2012)More Less
The manner in which protest actions are organised and conducted will inevitably be different after a recent Constitutional Court judgement. In South African Transport and Allied Workers Union and Another v Jacqueline Garvas CCT 112/11  ZACC 13, the Constitutional Court considered the constitutionality of a law that renders organisers of gatherings liable for the potential damage caused during such gatherings.