A legal issue receiving almost constant attention since the lockdown commenced is the liability of commercial tenants for rental of their business premises during the Lockdown (including the more relaxed Alert Levels).
The Labour Relations Act 66 of 1995 (“LRA”) does not make provision for an award made by the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to be appealed by an unsuccessful party. The reason being [...]
The lockdown is unconstitutional – De Beer and Others v Minister of Cooperative Governance and Traditional Affairs
The lockdown is unconstitutional! The North Gauteng High Court’s decision in De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020). this means that for the next 14 business days, South Africans will continue to live under the regulations of Alert Level 3. Before the expiry of those 14 days, the Minister must republish regulations which give due consideration to the rights guaranteed in the Bill of Rights.
It is a well-established principle that a litigious civil matter can be commenced in one of two ways, either by way of legal action or by way of application/motion. The material distinction between these two [...]
The Covid-19 Temporary Relief Scheme (“the Scheme”) was implemented by the Department of Labour as a direct remedial response to the havoc wrecked on small to medium enterprises (“SMME’s”) by the Covid-19 pandemic. Whilst the Scheme has been active and functional since 26 March 2020, amendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.
The Property Industry Group (PIG) give some relief to tenants who can accept their landlord’s offer to provide for any of the relief. It should also be noted that any acceptance of a landlord’s offer for a remission of rental, in accordance with the PIG’s relief package, should be considered against whether or not a landlord is entitled to rental at all. Tenants are not bound to accept these terms; however, once an election has been made, such decision is final, and any rights waived can likely not be revisited. We would therefore urge tenants to take proper advice, and to consider the full extent of their rights before accepting any such offers from landlords.
The imposition of Covid-19 Contact Testing almost certainly limits the right to privacy. Whether this limitation can be considered unconstitutional is a question best left to the courts for adjudication, however, given the novel nature of the pandemic and the checks and balances built into Chapter 3 to prevent its abuse, it is highly likely that the contact Testing programme will pass constitutional muster in the event that it is tested.