1 Nov 2011

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Prescribed debt: the clock is ticking
[Melanie Hart] In terms of the Prescription Act, 68 of 1969 (the Act), a debt is extinguished (prescribed) after the relevant period provided for by law for that debt, lapses. Debts secured by mortgage bonds, judgement debts and tax-related debts take 30 years to prescribe. Debts owed to the state prescribe after 15 years, and bills of exchange prescribe after six years. All other debts are governed by a three-year prescriptive period. Read more >>

Know your IP rights in social media - Adams & Adams
Radio, television and the internet took 38, 13 and four years respectively to obtain 50 million users worldwide. The Facebook social media network took just nine months to notch up 100 million users. Social media networks have afforded users the ability to communicate with an infinite number of people worldwide, instantly. Read more >>

Commercial Law


ISO/IEC 20000, an integral part of Consumer Protection Act
The Consumer Protection Act (CPA) came into effect in April 2011, bolstering consumers with the benefit of additional recourse in the event of defective goods and inferior services, putting the power in the hands of the consumer whereby they can choose 'refund, replace or repair'. Why it was needed is not an issue debated by many, but the act has raised several challenges for businesses across all sectors, including service organisations. Read more >>

New designs class 32 not so classy?
[Louis van der Walt] In the Patent Journal of December, 2010, a revised Schedule 3 of the Design Regulations was published. Schedule 3 sets out the classification system used in South Africa to classify designs. A number of minor amendments and additions to the classification system were made. Read more >>

Labour Law


Beware of dismissing a disabled worker
[Paddy Hartdegen] If an employee is unable to work, is it possible for the employer to dismiss him or her? This is a question that sometimes arises in the workplace and Section Six of the Employment Equity Act specifically prohibits an employer from terminating employment on the grounds of a disability. Read more >>

Accountability moves sideways in the public sector
[Cynthia Schoeman] The normal range of career moves is up, sideways or out. Up should reflect success and follow on the employee making a positive contribution. Sideways can be a positive move when it is used to broaden an employee's experience. However, sideways mostly indicates that the employee is not contributing and that the organisation's leadership lacks the courage to take decisive action. Read more >>

Law Practice


JSC: Too few women judge nominees
News24.com reports that the Judicial Services Commission (JSC) is still concerned at the low number of women being nominated as judges. "This concern is illustrated by the fact that of the 43 candidates that were shortlisted for the vacant positions, only 14 were women. Of the 14 recommended candidates, five were women," JSC spokesperson CP Fourie said. Read more >>


International news
Survey finds inadequate internal awareness toward mobile security
NEW YORK, US: Though organisations spend significant resources to keep their computer networks protected from external security threats, significant security risks still remain as a result of the actions of their own employees, according to a recent Deloitte poll which surveyed nearly 1200 information technology and business executives across the United States. Read more >>

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New people on biz

Ngoako Brian Leepile
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