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PeoPle Ask
Find Answers to frequently asked questions.
Commercial Law
Is a restraint agreement /clause enforceable as to the period and geographical region because the employee agreed to the same?
Yes and no. the applicant (client) would still need to show a protectable interest that is rationally or reasonably connected to the period of restraint and its region.
Are Non -disclosure agreements enforceable in South African law?
Yes. The cause of action arises from a breach of contractual provisions of the NDA – coupled with common law remedies, including potentially a copyright infringement depending on the circumstance * such agreements need to be worded methodically to offer the best protection. Provided the parties have not excluded consequential damages expressly – loss of potential profits for the circumvention of the confidential information etc could also be claimable.
Tender Review – if I have the lowest price – am I guaranteed to be awarded the tender?
Depending on the bid conditions, a party would ordinarily need to meet the functionality conditions first ( there may well be special conditions preliminary as well) and then the adjudication if it falls within the procurement provisions, will look to price by giving the most points for the best price and on a 80/20 scenario for adjudication where 80% is price, then there are good prospects to be awarded the tender.
Can I sign an Antenuptial Contract after I get married?
No, this must be executed before you get married. It is difficult to change your matrimonial property regime after marriage. To do so one has to bring an application to the High Court for the post nuptial registration of an antenuptial contract.
Do I need to instruct a Lawyer to institute Divorce proceedings?
No, you can institute Divorce proceedings without an attorney out of either the High Court or the Regional Magistrates Court having jurisdiction in your area. This is a viable option when the divorce is:
- Uncontested;
- Not complicated;
- You have been married for a short period of time;
- You don’t have substantial assets to divide;
- There are not disputes regarding any children; and / or
- You are prepared to do all the admin yourself.
Can I relocate my minor child to another country as a divorced parent?
If a divorced parent of a minor child wishes to relocate from South Africa and take the minor child to live in another country they require the written consent of the other parent. If the other parent does not consent to the relocation an application is then required to the High Court who, as upper guardian of all minor children in the Republic, may make an order that a relocation is in the minor child’s best interest and give consent for the minor to then relocate. For assistance in this regard kindly contact our office.
Matrimonial & Family Law
Labour Law
Are Traditional Healer certificates valid and acceptable for purposes of sick leave?
Yes, provided the Traditional Health Practitioner is registered with the Traditional Health Practitioners’ Council South Africa.
Some staff are members of the EFF (Economic Freedom Front) and have requested that the EFF engage with the Employer on employment related issues. Is an Employer obligated to consult with EFF in this regard?
No. The EFF are a political organization and not a registered trade union.
