Juta's Business Law - Volume 16, Issue 1, 2008
Volume 16, Issue 1, 2008
Source: Juta's Business Law 16, pp 2 –4 (2008)More Less
Over the last few years of our constitutional democracy, traditional concepts have on many occasions acquired new legal meaning. That is true also of words and phrases used in insurance contracts. The decision in Bezuidenhout NO v ABSA Versekeringsmaatskappy Bpk (TPD 26 February 2008 (case no 40688/2000) unreported) further illustrates this ongoing process of reinterpretation.
Source: Juta's Business Law 16, pp 5 –8 (2008)More Less
The concept 'alternative dispute resolution' (ADR) is understood to refer to (among other things) negotiation, mediation, and arbitration. The various advantages of ADR over conventional litigation include the fact that it is usually cheaper, quicker, more confidential, and, perhaps most importantly, enables the parties to choose an expert in the field. Yet, even though enabling legislation in the form of the Arbitration Act 42 of 1965 has been in place for decades, the resolution of intellectual property disputes by way of ADR has not taken place on an appreciable scale in South Africa.
Author Jopie PretoriusSource: Juta's Business Law 16, pp 9 –12 (2008)More Less
This is a short article on some of the consequences of drawing a cheque in a particular manner. In particular I will deal with what the position would be if the printed words 'or bearer' were not struck out on a cheque marked 'not negotiable' and / or 'not transferable'. I will also deal with the question as to what the position would be if either the words 'or bearer' or 'or order' appear on a cheque that is marked 'not negotiable' and / or 'not transferable'.
Source: Juta's Business Law 16, pp 13 –19 (2008)More Less
Under the Competition Act 89 of 1998 ('the Act'), the competition authorities may examine and deal with the conduct of firms involved in prohibited practices. But the Act is not designed to allow those authorities to scrutinize and respond to the individual conduct of the directors or officers of firms engaged in those practices. As a result, the Act contains no legal measures against directors or officers of firms except in cases of hindering the administration of the Act or failing to comply with lawful orders of the authorities responsible for administering and enforcing the Act. Even then, the jurisdiction to impose appropriate sanctions is bestowed on ordinary courts with powers to impose criminal sanctions. The competition authorities are only entitled to impose administrative penalties on firms.
Author Debbie CollierSource: Juta's Business Law 16, pp 20 –22 (2008)More Less
The Electronic Transactions and Communications Act 25 of 2002 ('the ECT Act') aims to facilitate electronic transactions and promote legal certainty in respect of such transactions. To achieve this, the Act specifically provides for the formation and validity of electronic agreements, and for a default legal regime for the time and place of communications. These rules for the formation of a contract, read together with the common-law rules, were recently applied in the Labour Court in Jafta v Ezemvelo KZN Wildlife  JOL 22096 (LC) to e-mail and SMS communications involving the conclusion of a contract of employment.
Author Phumudzo S. MunyaiSource: Juta's Business Law 16, pp 23 –28 (2008)More Less
In this article, I will discuss the need for the accrual of interest on administrative penalties under the Competition Act 89 of 1998 ('the Act') in South Africa. I will compare local and foreign statutes where fines are administered as penalties and examine how those statutes deal with the issue of interest. The local legislation includes :
- the Criminal Procedure Act 51 of 1977;
- the Prescribed Rate of Interest Act 55 of 1975;
- the Independent Broadcasting Authority Act 153 of 1993; and
- the Fines and Penalties Regulations (see GN 3002 in Government Gazette 24070 of 13 November 2002) promulgated under the Independent Broadcasting Authority Act.
Source: Juta's Business Law 16, pp 29 –31 (2008)More Less
Occasionally, errors in a patent specification go unnoticed and are retained in a granted patent. This can happen in any jurisdiction. In South Africa, however, errors are more likely to remain undetected because the South African patent system is a depository rather than an examining patent system. In other words, the claims of a South African patent specification are not examined for novelty, inventiveness, and utility. By contrast, the specifications of patents filed in examining jurisdictions, such as the United States of America or Europe, undergo a rigorous examination of their content. Errors in the specification are then likely to be uncovered and, where possible, corrected during the examination process prior to grant.
Source: Juta's Business Law 16, pp 32 –34 (2008)More Less
For those left behind, the fact of the death of a loved one is ordinarily all that matters, not exactly when he or she died. In appropriate circumstances, though, not only the fact of death but also the precise time, or the exact cause, of death may be of crucial importance. The facts in Vermaak v Addisionele Landdros (Kuilsrivier)(CPD 30 April 2008 (case no 12024/2007) unreported) provide a nice illustration.
The issue here was whether the deceased, who had committed suicide, had died before or after midnight on 30 September 2005.