How to manage innovation
Managing innovation? Why put a damper on creativity? No, that is not the idea. The purpose of managing innovation is to organise all the free-flowing ideas in order to avoid chaos and to actually put all the great ideas into action. Here are the steps to how you can manage innovation: 1.Envision To envision an […]
Fake news, Real damages
In the digital age, information is everywhere. At the click of a button a message can travel across oceans in the time it takes to blink. For the large part, it’s an incredible testament to human invention. But for some part, as with the spread of destructive fake news, it reveals our ugly side. In […]
Who is held responsible for payments lost due to cybercrime?
This is exactly what happened in Fourie v Van der Spuy and De Jongh Inc. and others. The First Respondent was a law firm and the Second and Third Respondents were practising Attorneys. The Applicant claimed payment of R1 744 599.45 from the Respondents. The First Respondent had a mandate to deal with money paid into Trust […]
Convictions under the doctrine of common purpose
“If I was present at the scene where my peers committed a crime and I had knowledge of the crime being committed, is that sufficient evidence for a Court to convict me in terms of the doctrine of common purpose even if this is not alleged in the charge sheet or indictment?” The doctrine of […]
Keeping things fair in the business race
The purpose of the Competition Act 89 of 1998(“the Act”) is to promote the efficiency, adaptability, and development of the economy, and to ensure that small and medium-sized enterprises have equitable opportunities. Certain practices, including restrictive horizontal practices, restrictive vertical practices, and abuse of dominance, are prohibited in terms of the Competition Act. The Competition […]
The state must prove all criminal cases beyond a reasonable doubt
We have all seen the courtroom dramas where the accused are charged with criminal offences, and the State has to prove its case. Similarly, we are very familiar with the phrase, “beyond reasonable doubt”. But what does the phrase mean, and where does it fit in court cases? Background: In litigation, there is a distinction […]
Can neighbours interfere in building plans?
Disputes between neighbours tend to ensue where an owner decides to build on or renovate their property and the neighbouring owner believes that such building works will have a detrimental effect on their property rights. Neighbours who are disgruntled by the noise nuisance, possible obstruction of an existing view from their property, or the aesthetic features of the building works, […]
Paying more than your legal dues
I recently sued someone who owes me R50,000. The Court found that the loan agreement was invalid and that the amount was not owed to me. The legal costs were subsequently awarded in the other party’s favour on a party and party scale. What do I need to pay, and how is this amount calculated? A Court is entitled to make an order […]
Protect your inventions!
South Africa’s Patent Act urges that one registers their patent and take ownership of their invention A patent is a set of exclusive rights, granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. A patent provides protection for the owner, which gives him/her the right to exclude […]
Are opinions admissible in court?
In general, the admissibility of evidence is dependent on whether the evidence is relevant to a fact in issue in the case. In DPP v Kilbourne the court held that evidence is relevant if it is logically probative or disapprobative of some matter which requires proof. The principle of relevance that governs admissibility is based […]