A cautionary tale on data protection

A cautionary tale on data protection

A Cautionary Tale on Data Protection: a reminder on ensuring specific adherence to the lawful processing of personal information as an essential to compliance under POPIA On 1 September 2023, a major South African pharmaceutical company (“the Company”) was issued with...
Enforcement of an agreement not to sue

Enforcement of an agreement not to sue

A pactum de non petendo (“pactum”) is an agreement between parties whereby one party agrees not to institute legal proceedings against the other party, either temporarily or permanently. A pactum usually suspends the enforcement of a commercial contract for a specific...
Labelling misconduct – a source of clarity or confusion

Labelling misconduct – a source of clarity or confusion

In the workplace there is a temptation to label alleged misconduct, either because we consider doing so makes the misconduct appear more serious, or we consider it necessary to do so as part of a formal disciplinary process. Contrary to that instinct, the Labour...
Enforcement of an agreement not to sue

Fair Value Frenzy

In the recently reported judgment of BNS Nominees (RF) Proprietary Limited and Another v Arrowhead Properties Limited and Others 2023 (1) SA 478 (GJ), the Johannesburg High Court provided clarity regarding certain provisions of section 164 of the Companies Act No. 71...