Monthly Archives: March 2014

Property Law: Agricultural Land: Options no longer an option

The Subdivision of Agricultural Land Act[1] (“the Act”) prescribes that an owner of agricultural land must first apply to the Minister of Agriculture before subdividing such land. The purpose of the Act is manifest in that its object is to control and prevent the loss of sub-division of agriculturally useful farmland into uneconomic units.[2] Along with this physical prohibition, and for purposes of this article, section 3(e)(i) of the Act prohibits any portion of agricultural land from being sold or advertised for sale, unless the Minister has consented thereto in writing... Read More

Contract Law: Crookes Brothers Ltd v Regional Land Claims Commission for the Province of Mpumalanga : The importance of interest clauses

Interest is a vital consideration when contemplating the provisions of a contract. This was made clear in the judgment of Crookes Brothers Ltd v Regional Land Claims Commission for the Province of Mpumalanga and Others. In this case, the parties had entered into an agreement of sale which included a clause providing that interest was to be levied against the Purchaser in the event that it did not make timeous payment. However, the Supreme Court of Appeal’s (“SCA”) interpretation and application of the clause reached farther than a plain reading of the provision... Read More

Employment Law: The Constitutional Court rules on Temporary Employment Services

In the matter between Assign Services (Pty) Ltd and National Union of Metal Workers of South Africa (“NUMSA”) the Constitutional Court (the “CC”) handed down the judgement in relation to the interpretation of section 198A (3) (b) of the Labour Relations Act (the “LRA”) in terms of Temporary Employment Services (the “TES”) and employees. As of the handing down of the judgement, the conclusion in terms of TES staff has been made that after a period of three months of the employee being placed on the client site, the employee becomes a permanent employee of the client... Read More

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