Juta's Business Law - Volume 15, Issue 1, 2007
Volume 15, Issue 1, 2007
Author Marie McGregorSource: Juta's Business Law 15, pp 2 –7 (2007)More Less
South Africa is a member of the International Labour Organization (ILO) and has ratified a number of ILO conventions. So its domestic policy and laws must comply with these conventions. Importantly in the present context, President TM Mbeki has supported the goal of decent work and a call for a global coalition for decent work (ILO Report 1(A) Report of the Director-General International Labour Conference 89th session.
Source: Juta's Business Law 15, pp 8 –10 (2007)More Less
It frequently happens that a foreign company, for instance, licenses a local entity to manufacture or distribute a particular product. The local entity might invest considerable time and resources in building up the brand name over many years. It could then be faced with the situation where another company begins using a confusingly similar trade mark, in circumstances where there is a likelihood of confusion. Prima facie, there is passing off. There is no trade-mark registration in place, and the licensor would accordingly like to rely on the common law. Would he, however, have legal standing (in Latin, locus standi) to do so?
Source: Juta's Business Law 15, pp 11 –16 (2007)More Less
Some courts had held that advances by the Land and Agricultural Development Bank of South Africa ('the Land Bank') under the repealed Land Bank Act 13 of 1944 ('the 1944 Act') and before the Land and Agricultural Development Bank Act 15 of 2002 ('the 2002 Act') came into operation on 10 June 2002 were valid, and hence the debt-collecting procedure set out in section 33 of the 2002 Act applied also to these old advances (see my earlier discussion : 'The Land Bank - out with the old and in with the new!' (2006) 14 Juta's Business Law 69). The Cape Provincial Division of the High Court, however, thought differently (see Land and Agricultural Development Bank of South Africa t/a Land Bank v The Master & others (2005 (4) SA 81 (C)).
Author Philemon MakakabaSource: Juta's Business Law 15, pp 17 –23 (2007)More Less
'[C]heque fraud is a serious and prevalent offence. It harms not only its immediate victims but causes prejudice to the community at large. Because of its prevalence many retailers and other persons dealing with the public have become reluctant to receive payment by cheque and refuse to do so' (per Scott JA in Van Eck v S  JOL 11592 (SCA) at 9).
Author Frank JoffeSource: Juta's Business Law 15, pp 24 –27 (2007)More Less
A recent judgment of the Supreme Court of Appeal, Clipsal Australia (Pty) Ltd v Trust Electrical Wholesalers  SCA 24 (RSA), has established important principles relating to the interpretation of the Designs Act 195 of 1993. This is the first judgment of this court dealing with registered designs under the Act.
Source: Juta's Business Law 15, pp 28 –31 (2007)More Less
One of the criticisms against the requirement of an insurable interest is that for a tenet so central to the law of insurance, too much about it is still clouded in uncertainty. The fact that judicial decisions on the issue are infrequent does not help matters. For that reason alone it is worth salvaging from obscurity the decision of Ranchod AJ some two years ago in the Johannesburg High Court in the case of Barnard v Malan Meyer Steenkamp CC & Others (Transvaal Provincial Division, 20 May 2005 (case no 4342/2003) unreported).
Source: Juta's Business Law 15, pp 32 –34 (2007)More Less
It is a universal legal principle that remedial action for the infringement of a right must be instituted in good time. The meaning of timeliness would depend on the circumstances involved. This discussion focuses on the effect of a delay in enforcing a trade-mark right on the position of an entity that has used the mark concurrently with the proprietor. There are in essence five situations that require attention.
Source: Juta's Business Law 15, pp 35 –39 (2007)More Less
In Jaftha v Schoeman & others; Van Rooyen v Stoltz & others 2005 (1) BCLR 78 (CC), the Constitutional Court was concerned with the constitutionality, in view of section 26 of the Constitution of the Republic of South Africa 1996, of the execution procedures in the magistrates' courts which allowed sales in execution of debtors' homes.
Author Sizwe Lindelo SnailSource: Juta's Business Law 15, pp 40 –46 (2007)More Less
In the bricks-and-mortar commercial environment, consumers have the opportunity of inspecting the goods and / or services that they are about to purchase, in order to make a sound judgment as to whether 'one is convinced that the product they are buying is what it purports to be in the advertisement' (R Buys 'Online consumer protection and spam' in F Cronje & Reinhardt Buys (eds) Cyberlaw @ SA II : The Law of the Internet in South Africa 2 ed (2004) 138).
Source: Juta's Business Law 15, pp 47 –49 (2007)More Less
The cession of life insurance policies as security for a debt is an everyday occurrence. However, there still seems to be uncertainty as to the precise scope of the cessionary's legal rights and duties as regards the proceeds payable on the policy on the death of the life insured, especially when a beneficiary has also been appointed in terms of the policy in question. Some light was shed on these issues in Mulaudzi v Firstrand Bank Ltd (2006 JDR 1048 (T)).
Author Howard SherSource: Juta's Business Law 15, pp 50 –52 (2007)More Less
South African law, generally, favours a person's almost absolute right of freedom of testation (the right to determine to whom his property will devolve upon his death). Also, it, generally, does not allow a person to regulate the succession to his estate after his death by means of a contract. Such contracts, known as succession agreements (in Latin, pacta successoria) are invalid and unenforceable (see Dale Hutchison 'Isolating the pactum successorium' (1983) 100 SALJ 221).