THE REQUIREMENTS FOR A VALID AND ENFORCEABLE CONTRACT
The South African law of contract is rooted in Roman-Dutch law principles but continually shaped by the values enshrined in the Constitution of the Republic of South Africa (“the Constitution”). The Constitution guarantees the right to freely contract, which is a cornerstone of a modern economy. South African law recognises both verbal and written agreements, […]
THE INDIGENOUS KNOWLEDGE ACT – SAFEGUARDING OUR SOUTH AFRICAN HERITAGE
In an era where a traditional recipe can be a global food brand and a medicinal plant can form the basis of a billion-rand pharmaceutical, the line between communal heritage and private property has never been more contentious. This raises an important point: are the current intellectual property (IP) systems enough to protect our rich […]
THE TRUST TEST: DISCLOSURE DURING THE RECRUITMENT PROCESS
When applying for a job, there is no general rule or law that places an obligation on job applicants to disclose their criminal history unless they are specifically asked by the potential employer. During the recruitment process, there are instances where one is required to disclose certain information to the potential employer, to assist the […]
MALOPE vs ARIEL: A BATTLE FOR PERSONALITY RIGHTS
Gospel music icon Dr. Rebecca Malope has expressed outrage after discovering that her image was used without permission to promote Procter & Gamble (P&G) laundry detergent brand – Ariel washing powder. Malope took to social media to voice her frustration, and condemned the misuse of her image and reputation, which mislead consumers into believing she […]
KEY CHANGES IN THE NEW PLANT BREEDERS’ RIGHTS ACT NO. 12 OF 2018
Plant Breeders’ Rights (PBR) are a form of intellectual property (IP) protection granted to plant breeders who develop unique and novel plant varieties. Under PBR, breeders gain exclusive control over the commercial use of their creations, including the production, distribution, and sale of reproductive materials like seeds or cuttings for a specified duration. A plant […]
Intellectual Property Rights in Global Trade: Supreme Court Clarifies the Distinction Between Trade Mark Infringement and Counterfeiting
In a landmark ruling (Yossi Barel v Popular Trading CC and Others, SCA 2025), the Supreme Court of Appeal (SCA) drew a critical distinction between trade mark infringement and counterfeiting under the Counterfeit Goods Act of 1997, providing much-needed clarity for brand owners and traders alike. The case centred on the use of the “ENRICO […]
THE LENS OF JUSTICE: HOW SAM NZIMA RECLAIMED HIS ICONIC IMAGE
The late Sam Nzima, a South African photojournalist, captured one of the most powerful images of the 1976 Soweto Uprising—the photograph of dying 12-year-old Hector Pieterson being carried by Mbuyisa Makhubo, with Hector’s sister Antoinette Sithole running beside them. The image became a global symbol of apartheid’s brutality. However, Nzima faced a prolonged legal battle […]
THE ‘JERUSALEMA’ LEGAL DISPUTES
The global hit song Jerusalema by Master KG (Kgoagelo Moagi) and Grammy Award-winning artist Nomcebo Zikode not only took the world by storm with its infectious rhythm and dance but has now become the centre of a copyright battle in South Africa. The dispute highlights critical issues in the music industry, including artist compensation, contractual obligations, and […]
Legal Sector Code of Good Practice on Broad-Based Black Economic Empowerment
Similar to other sectors such as the finance services sector, property sector and so on, the Department of Justice and Constitutional Development saw it fitting to also develop and issue Sector Codes for the legal industry. The aim and objective of the Legal Sector Code (“LSC”) is to transform the legal sector in order to […]
The emancipation of Black women from being considered perpetual minors
In South Africa, black women were once regarded as perpetual minors in the eyes of the law. This meant that they could not acquire or own property. South African women suffered from a triple yoke of oppression, being gender, race and class discrimination. Black women have had inferior job opportunities and were subjected to other […]
