Blaker Bester Attorneys

Publications

Records of the Lost Arc

Written by Robin Wheatley

At the commencement of arbitration proceedings in the Commission for Conciliation Mediation and Arbitration or in the relevant Bargaining Council the Commissioner diligently advises all the parties that the hearing soon to commence will be recorded. It is important to note that the Commissioner is not prescribed to mechanically record the proceedings. Naturally, the purpose of the recording is to provide the parties and the Court with a complete record of the proceedings in the event that the matter is reviewed.

BEE Scorecards - Understanding The Present Dilemmas

Written by Tarryn Gould

Although the Broad Based Black Economic Empowerment Act No 53 of 2003 ("the BBBEE Act") makes BEE implementation compulsory for the State and its associated enterprises, an ever increasing number of private enterprises are joining the movement of becoming BEE compliant and acquiring a BEE scorecard rating to enable them to participate and compete in the economy.

How to deliver a Spectre - Can we enforce the deliverability of intangible virtual goods?

Written by Andrew Duff

It can easily be said that of all the technological developments in the last ten to fifteen years that have changed the manner in which business is conducted, the Internet has proved to be the most lucrative and innovative. The advent of Internet contracting has provided consumers with access to goods and services that would otherwise have been too costly or too arduous to be viable. However, along with this ease of contract, comes the requirement that the law must develop in such a way that protects both consumers and sellers.

HIV / AIDS and the employer’s legal obligations within the workplace – an overview.

Written by Corien Potgieter and Lynsey Foot

Just how far does an employer's obligation extend to protect employees within a working environment who have been infected by the HIV (Human Immune Deficiency Virus) ?

This article serves as a basic guide for lawyers and employers faced with this difficulty and which issue has become increasingly relevant within the South African employment environment.

Touting - Solicitation of work by an unqualified person

Written by Riana Palm

Various recent cases involving prominent firms specializing in property related matters brought to the fore the much debated issue of touting. Some regard the strict Rules of the Law Society on this subject matter as archaic, whilst other members of the legal fraternity consider these Rules a necessity to ensure the dignity of the profession and to promote the interest of the public in their dealings with attorneys.

Intervention

Written by Willie De Beer

"As a lawyer, as a judge, I would seriously regret people charged with such crimes such as genocide and crimes against humanity being granted amnesty... I think those are the sort of crimes which politicians do not have the moral right to forgive." - Judge Goldstone

An argument based on morality is often of convincing value in everyday conversation but it is not backed up by the power that is the positive law. There exists a moral duty or obligation to prevent harms being caused to individuals. It is natural for human beings to avoid and in some circumstances prevent a catastrophe like Rwanda.

Registration of a Customary Marriage - The Sticky Toffee?

Written by Ella de Kock

When does a customary marriage become legal and binding and what is required to register it?

Our firm recently dealt with a matter in which related issues were present and which led me to ask this question for the following reasons: