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ORIGINAL THINKING

 
 

search results: non

When and how to use non-solicit and non-compete clauses in IT contracts in South Africa

11 Nov 2025
BY Isaivan Naidoo, Alexander Powell
This article discusses the legal framework for post-termination restraints in South Africa, focusing on how non-compete and non-solicitation clauses must be reasonable and protect legitimate business…
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Information Regulator cracks down on outdated PAIA request forms – What every information officer needs to know

02 Sep 2025
BY Era Gunning
The Information Regulator has issued a sector-wide warning on PAIA compliance, this article details what the latest Notice of Non-Compliance means for your organisation.
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Confidentiality and the importance of Non-Disclosure Agreements (NDAs)

IP | 01 Apr 2025
BY Dr. Bernard Dippenaar
An NDA is a legally binding contract that defines what information is confidential, who can access it, and the consequences of unauthorised disclosure. Without one, protecting sensitive information b…
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Hèrmes , ‘sandal vamps’ and genuine use

IP | 01 Nov 2024
BY Liézal Mostert
Hèrmes International v. Markus Bennemann deals with the ever-important issue of trade mark use/non-use, as well as the unusual situation of a trade mark actually forming part of the goods, as opposed…
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Summary judgments and dies non: Are the days between 21 December to 7 January counted?

27 Sep 2024
BY Aslam Moosajee
In Lotts v NMI Durban South Motors (Pty) Ltd t/a Barons Belville, the Western Cape High Court considered whether dies non is excluded when calculating the time for filing a summary judgment applicati…
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Expanding the grounds of non-discrimination under Article 21 of the Ugandan Constitution

30 Jul 2024
BY Phillip Karugaba
The article discusses whether the grounds for non-discrimination under Article 21 of the Ugandan Constitution can be expanded, examining court interpretations and comparisons with other jurisdictions.
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Are contractual waivers impacted by non-variation clauses?

23 Jul 2024
BY Aslam Moosajee
In Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa, the SCA addressed the issue of whether a waiver is affected by the presence of a non-variation clause (“NVC”) in a …
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Shareholder-nominated non-executive directors: navigating VAT, income tax, and PAYE challenges

tax | 14 May 2024
BY Simon Weber, Annelie Giles
In this article, we take a closer look at the tax position of shareholder-nominated NEDs, particularly those instances where NED fees are recovered by the nominating- shareholder.
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Directors held personally liable for the non-payment of pension fund contributions and the application of prescription to complaints in terms of the Pension Funds Act.

02 Apr 2024
BY Wandile Ndabambi
Directors must understand their legal obligation to transfer all deducted member contributions into the pension fund's account within seven days after each month-end. Non-compliance risks personal li…
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Regulation 15(4) of the B-BBEE Regulations: B-BBEE Commission non- compliance

21 Nov 2023
BY Aslam Moosajee, Shenaaz Munga
Court challenges arise as B-BBEE Commission decisions are overturned due to non-compliance with Regulation 15(4)'s one-year timeframe
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Non-joinders, substantial interest and party liability

19 Sep 2023
BY Aslam Moosajee
The question of '"direct and substantial interest" in a non-joinder application lies in whether the relief sought, if granted, would prejudice the interest of another party that is not joined in the …
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South African High Court Rules in favour of non-disclosure in a paternity fraud case

11 Jul 2023
BY Aslam Moosajee
In the case the Bloemfontein High Court refused to grant damages to the plaintiff (the former husband of the defendant) who sought compensation for financially supporting a child he later discovered …
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Some non-profit organisations now obliged to register

18 Apr 2023
BY Angela Itzikowitz, Era Gunning
The Amendment Act amends five statutes, including the Non-Profit Organisation Act, 1997
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Central Bank of Rwanda takes further action on transactions in foreign currency by non-licensed persons

24 Feb 2023
BY Eustache Ngoga
As per the Central Bank Directive, a non-licensed person requesting authorisation must submit their written application to the Central Bank
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The need of PMO approval enlarged under the Non-Citizens (Property Restriction) Act and the Foundations Act

04 May 2021
BY Celine Bellouard, Audrey Ah Keng
The Non-Citizens (Property Restriction) Act 1975 and the Foundations Act 2012 have recently been amended through an emergency procedure on 27 April 2021.
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