Insights into Law: Articles, Analysis, and Legal Perspectives

Over recent days, the pavement outside the CCMA offices at the corner of Fox and Joubert Streets in Johannesburg, ordinarily a space associated with conciliation and compromise, was transformed into a crime scene. A labour law practitioner, reportedly present to engage in dispute resolution proceedings, was killed in what appeared to be a targeted attack. The symbolism is difficult to ignore as a forum designed to replace conflict with dialogue became the setting for its most

Criminal Law: It's an absolute constitutional protection (Section 35(3)(m)) preventing retrial after acquittal or conviction. Labour Law: The concept is adapted, guided by fairness, preventing an employer from disciplining an employee twice for the same misconduct. Employers generally cannot impose a harsher penalty later, except for limited, fairness-justified exceptions like new evidence or a grossly inappropriate initial sanction.

Trusts are often used as part of broader wealth structuring and succession planning. In many cases, business owners hold shares in companies, members’ interests, or other commercial assets through a trust rather than in their personal names. While this can be a legitimate and useful structure, it is not a simple “set and forget” solution. Where business interests are held in a trust, the legal and practical implications can become complex very quickly. Trustees, founders, ben

For many people, the phrase urgent High Court application  sounds simple: there is a crisis, lawyers rush to court, and a judge hears the matter immediately. The reality is very different. In South Africa, urgent applications are governed by Rule 6(12) of the Uniform Rules of Court. That rule allows the High Court to shorten the usual time periods and relax ordinary procedures, but only where a matter is truly urgent and where waiting for the normal court process would leave

Mexico has offered the world a dramatic reminder of what happens when the grip of  organized crime and the erosion of state control finally boil over. What began as a  targeted military operation to capture a notorious cartel boss quickly escalated into  something far more devastating: a nationwide wave of violence and paralysis. Within  hours, retaliatory chaos filled the streets, vehicles burned, tourist hubs like Puerto  Vallarta became war zones, and public safety collaps

The financial year end is the last day of a company’s accounting period. In South Africa, the financial year end for most companies is the last day of February as this ties in with the South African Revenue Services (SARS) tax year end which runs from 1 March to the last day of February of the following year. SARS requires companies in South Africa to have a designated financial year end, and it is reflected in a company’s CIPC registration documents. As financial year-end ap

WhatsApp voice notes have become a common way to communicate, and they are increasingly finding their way into legal disputes. The key question is whether they can serve as evidence in court. In short: yes, they can be admitted, provided they meet the usual requirements of relevance, reliability, and authenticity. Admissibility, Authentication and Legal Concerns Courts treat a WhatsApp voice note like any other form of electronic evidence. The Electronic Communications and Tr

“Your destiny is forged in the fires of your determination” - Chris Howard – Most of us reach a point where we quietly ask ourselves: Is this really the life I am building, or just the one I have become used to? It is a thought that slips in during the drive to work, in the quiet after a long day, or when we catch ourselves repeating the same routines. We all feel that tug - the sense that something needs to shift, even if we cannot yet name what it is. Approaching moments li

Intellectual property is often one of a business’s most valuable assets, yet questions around ownership are frequently overlooked. In South Africa, this can be a costly mistake. As innovation increasingly happens in digital, creative, and knowledge-based environments, it is essential for employers to understand who owns intellectual property created in the workplace - and under what circumstances. Many businesses assume that if IP is created by someone working for them, it au

If you have been meaning to “get your succession plan sorted” but it keeps slipping down the priority list, you are not alone. In our day-to-day work we see a consistent pattern: business owners and families generally understand  what  succession planning is, but the plan never gets properly executed. Documents remain unsigned, share registers are outdated, key agreements are missing, and crucial conversations are postponed until a crisis forces everyone’s hand. The irony is

Gittins Attorneys extends sincere condolences to the Sithole family, and to Thomas’s friends,  classmates and educators. The loss of a young person is devastating. It is understandable  that loved ones want clear answers, accountability where wrongdoing is proven, and a  process that treats the family with dignity.  This article does two things. First, it summarises the key facts that can be identified from  credible public reporting and police statements. Second, it explains

Disputes within a body corporate can quickly become stressful and disruptive.  Whether the issue involves levies, by-law enforcement, maintenance obligations, or  decision-making authority, unresolved disagreements can affect not only individual  owners but the entire scheme. Understanding how body corporate hearings work is  often the first step toward an effective resolution.  Common Disputes That Lead to Hearings  Body corporate hearings often arise from disagreements abou

As we enter the festive season, many people behave as though the road laws are also on holiday. In reality, this is exactly when our traffic laws should be taken most seriously to ensure a safe and stress-free break for everyone. Law enforcement shares this concern, which is why roadblocks are a frequent sight during December. For most motorists, being pulled over by the police can feel intimidating - but understanding your rights and responsibilities can ensure a safe, lawfu

Johannesburg has recently experienced severe weather conditions which have impacted homes, vehicles, and businesses across the city. During events like these, most people turn immediately to their insurance policies, hoping their cover will provide them with much needed relief.  However, before rushing into the claims process, it’s essential to understand what you are covered for, how to protect your rights as an insured person, and what to do if your claim is unfairly reject

On Friday, 21 November 2025, South Africa reached a critical inflection point in its response to gender-based violence (GBV). As thousands of women and allies mobilised across major cities, the National Disaster Management Centre (NDMC) formally classified gender-based violence and femicide (GBVF) as a national disaster in terms of the Disaster Management Act. The timing was highly symbolic. The decision and the marches coincided with South Africa hosting world leaders for th

Tender corruption has become one of the most pressing governance challenges in South Africa, undermining transparency, fairness, and public trust in the state. At its core, tender corruption occurs when public procurement processes are manipulated so that government contracts are awarded based on favouritism, bribery, or political influence rather than merit, capacity, or compliance with legal requirements. This practice distorts competition and diverts resources away from es

“Appreciate those who give you their time. It is not just time, it is a piece of their life.” When people think of attorneys, they often picture courtrooms, dramatic arguments, and sharp suits delivering powerful closing statements. It is a glamorous image shaped by media and movies. But behind every moment like that is a mountain of unseen work.   As someone who works in legal administration, I have a front-row seat to that world - the part that few ever see - and it deserve

The legal architecture South Africans live under South Africa has steadily tightened its laws to respond to gender‑based violence (GBV) while preserving fair‑trial rights: Domestic Violence Act No. 116 of 1998 (“DVA”) — the backbone statute for protection orders, now read with the Domestic Violence Amendment Act No. 14 of 2021, which broadened definitions, enabled easier applications (including after‑hours and electronically), and sharpened officials’ duties. It also confirms

Paris awoke to disbelief on the morning of the 19 th  of October 2025. In one of the most daring crimes of the century, thieves in high-vis gear used a basket lift to reach the Louvre Museum’s façade, scaled the side of the world’s most famous museum, and entered through a second-floor window. Within minutes (reports vary between six and eight) they shattered display cases in the glittering Galerie d’Apollon and vanished with jewels worth millions: treasures that had adorned

If you’ve been caught in the cycle of borrowing from an illegal lender, often known as  a loan shark, you are not alone. Loan sharks are unregulated lenders who often prey  on vulnerable individuals by offering quick, unsecured loans with excessively high  interest rates and unethical repayment terms.  However, it is important to understand that you have legal rights, and there are steps  you can take to address this situation. At Gittins Attorneys Incorporated, we are  profi