Advocate A R Van Der Merwe

A New Compliance Frontier in Insolvency: Understanding the Gilbert Judgment South Africa’s insolvency landscape has just undergone a structural recalibration. Acting Judge B. M. Gilbert’s recent judgment on sequestration and liquidation proceedings has set a bold new compliance benchmark, tightening procedural governance and elevating stakeholder-protection to the centre of the insolvency process. This ruling is more than a technical tweak. It is a strategic reset that will r

Mandatory Mediation in the Gauteng High Court: What the Public and Litigants Need to Know A major change has taken place in the Gauteng Division of the High Court: mediation is now compulsory in all civil trial matters. This new directive fundamentally changes how lawsuits progress and affects every person or business involved in litigation. If you are a plaintiff, defendant, or potential litigant, this article explains what the directive means for you, how it affects your ma

Email fraud is a growing concern worldwide, and South Africa is no exception. Cybercriminals use various tactics to deceive individuals and businesses, leading to financial loss, data breaches, and damaged reputations. Understanding how to protect yourself and your organisation is crucial. This article explores practical ways to prevent email fraud and maintain safe email practices in South Africa. Understanding Safe Email Practices Safe email practices are essential to prote

Understanding the Automatic Application of Prescribed Management Rules under the Sectional Titles Schemes Management Act Introduction In many sectional title schemes, uncertainty often arises around how trustees should be elected, especially when the constitution or conduct rules say nothing about voting procedures. The law, however, provides a clear answer: silence does not mean freedom to improvise. Under the Sectional Titles Schemes Management Act 8 of 2011 (STSMA) and its

Navigating legal issues can be overwhelming and costly. Fortunately, many people can now access free legal consultations online, making it easier to get professional advice without the financial burden. This guide will walk you through how to find and use these services effectively, ensuring you get the help you need from the comfort of your home. Understanding Free Legal Consultations and Their Benefits Free legal consultations are initial meetings with a lawyer or legal ex

In today's digital world, managing money online is common and convenient. However, this convenience comes with risks. Fraudsters are always looking for ways to steal your money or personal information. Protecting your financial transactions is essential to avoid becoming a victim of fraud. This article will guide you through practical steps to keep your money safe and secure. Understanding Safe Money Transactions Safe money transactions mean transferring or receiving money wi

Know the Law Before You Act: Essential Guidance for Small Businesses When business is tough, especially for small companies with only one employee, it’s tempting to look for quick fixes. Cutting salaries or reducing working hours may seem like a solution to stay afloat. However, South African labour law is clear: you cannot change an employee’s conditions of employment unilaterally, even if your company is in financial distress. Let’s unpack what you need to know before takin

Mediclinic Nelspruit v Charles Thamsanq Shiba: A Case Study 📍 Mediclinic Nelspruit v Charles Thamsanqa Shiba (JR1899/21) – Labour Court Judgment, 9 June 2025 In a recent judgement that highlights professionalism and personal conduct in the workplace, the Labour Court was asked to decide if persistent, unwanted communication with a former partner justifies dismissal. This was the case even in the absence of physical harassment. The Case Overview Here's what happened: 🔹 Mr. S

Mediation in Litigation

In a recent decision by the Gauteng High Court, a divorce case between J C-T (Plaintiff) and ST (Defendant) addressed issues surrounding...

In the case UNTU obo Malapela Rina Motheng v Ngoako Mafa N.O & Others , heard by the Labour Court of South Africa, the Applicant,...

The Future of Medical Schemes under the New National Health Insurance (NHI) Bill The National Health Insurance (NHI) Bill aims to...

According to all information, the National Health Insurance Bill will be signed into operation today by the State President. The bill, in...