Brian Kahn Inc

What are your rights when it comes to forced COVID-19 testing?

As the COVID-19 pandemic is spreading across the globe, Minister of Health, Zweli Mkhize has expressed his concern that there is not enough testing being done in South Africa. By the 14th of April, 83,663 tests had been conducted in South Africa according to www.worldometers.info. During the early stages of this pandemic, it was far […]

How to deal with a nuisance created by your neighbours

Urbanisation, and the consequent magnitude of residential estates that are becoming increasingly dense and populated, requires individuals to abide by the municipal by-laws and regulations and to take their neighbours into consideration when conducting certain activities on their properties. It occasionally happens that someone is using their property in a way that negatively affects the use and enjoyment of someone living nearby. Such […]

Passing off: Don’t let others benefit from your reputation

Passing off is a delictual remedy that is derived from English law and has been implemented in South African law. The most authoritative definition of passing off was given in the Capital Estate and General Agencies (Pty) Limited v Holiday Inns Inc. case (“the Holiday Inns case”) as when a person represents his business or merchandise as the business or merchandise of another person. An example of passing off is depicted in the Holiday Inns […]

The recusal of a judge is no fleeting matter

The doctrine of recusal has recently been placed in the spotlight after former president Jacob Zuma brought such an application at the Commission for Enquiry into State Capture, chaired by Deputy Chief Justice Raymond Zondo. The recusal of a judge is a serious matter and should not be considered lightly. This article will briefly consider the origin and constitutional basis […]

Are you freely exposing your data to data thieves?

Convenience is everything in our fast-pace world that never seems to sleep. From takeaways to online shopping to 24-hour stores to free public internet networks, our world is being engineered to accommodate people on the go.For the average joe and the workaholic alike, these conveniences have largely improved the efficiency and ease with which they […]

Caring for your loved ones by caring for their future

We’ve all seen it in movies and novels: A young unsuspecting person wakes up one day to find out that they had been left an extraordinarily large estate from a distant relative that they hardly knew existed. We chalk it up to an absurdity. Something like that would never happen in real life, would it? […]