Drafting contracts in South Africa is an important aspect of legal practice, as contracts are used to govern the rights and obligations of parties in a wide range of transactions. In South Africa, contracts are governed by the common law and the law of contract. When drafting a contract, it is important to ensure that the contract is legally binding and enforceable. This means that the contract should be clear, specific, and…
Bail applications in South Africa refer to the process of asking a court to grant temporary release from custody while awaiting trial. The purpose of bail is to allow the accused person to continue their daily life while awaiting trial, and to ensure they attend court when required. Bail applications are usually heard in a Magistrates court, but can also be heard in a High court if the accused is facing a…
There are a few limitations on the right to severance pay, which is not limited to the following: When there is a break in the employee’s service (more than 12 months), the employee will not be entitled to severance pay for the years exceeding the break in service; If the employee worked on a fixed-term contract for less than two years, the employee will not be entitled to severance pay. The employer…
A restraint of trade clause is a provision in the employment contract that restricts an employee geographically to work in the same industry. The purpose of such a clause is generally to prevent an employee from competing with their previous employer for the business and/or commerce of that employer once terminating their employment. Depending on the purpose and implication of the clause, it is possible that the restraint would be unenforceable by…
