In a remarkable turn of events, after working for fourteen years representing a group of landowners from the Karkloof area in defending a land claim (which was degazetted and then regazetted), the Honourable Acting Judge President Meer handed down a historical judgment. McCarthy & Associates Attorney Rob McCarthy, who represented the landowners, said his clients […]
Landmark Judgement In Land Claims Case Read More »
In order to curb the spread of the coronavirus, President Cyril Ramaphosa, in his recent address to South Africa, implemented certain preventative measures and provided guidelines to citizens to prevent the virus from being further dispersed. Chief among these measures is that of social-distancing and of allowing employees to work from home. However, working from
Coronavirus (COVID-19): Health & Safety Measures In The Workplace Read More »
A 14-year land claim legal battle has ended in a loss for the claimants and an extraordinary court order barring their lawyers from claiming any fees. The claim against 19 landowners in the KwaZulu-Natal Midlands, mainly dairy farmers in the Karkloof area, was first lodged by the Luhlwini Mchunu Community in 2006. Continue Reading If
Judge Bars Lawyers From Collecting Fees For “Vexatious” Land Claim Case Read More »
The Minister of Employment and Labour has announced the new National Minimum Wage. According to the Government Gazette, No. 43026, published on 17 February 2020, the new minimum wage rate, which is applicable from the 1st of March 2020, is now R20.76 per hour (R3500 per month). Despite the above, farmworkers are to be paid
The National Minimum Wage Amendment – Government Gazette, 17 February 2020, Number 43026 Read More »
In the recent case of Parexel International (Pty) Ltd v Chakane and Others [2019] 11 BLLR 1245 (LAC), the Labour Appeal Court had to decide whether an employee, who had been absent from work for a prolonged period of time, could be dismissed for incapacity on the basis of ill health. The Court held that there
Dismissal For Incapacity On The Basis Of Ill Health Read More »
The draft expropriation bill has been published in the Government Gazette on 21 December 2019. The Gazetting of the draft bill means that the 30-day comment period has commenced, in which the public is invited to participate by giving their own comment on the bill and its intentions of “expropriation without compensation”, and state whether
Gazetting Of The Draft Expropriation Bill 2019 And Comment Period Read More »
I quote from, “Legalbrief LSAA Weekly 389 News for the week of 9 to 15 November 2019” the following: “the SAPS has been taken to task by a senior judge over persistent complaints that it fails to act and enforce the law. In an astonishing claim, the police are said to refuse to intervene, even
Court Orders Compelling Police To “Do Their Job” Read More »
CYBERCRIMES BILL The bill focuses mostly on criminalising the theft and interference of data and has introduced some new laws surrounding any “malicious” electronic communication. The bill seeks to: Create offences which have an adverse bearing on cybercrime; Criminalise the distribution of data messages which are harmful and to provide for the interim protection orders;
2 Major New Laws That Every South African Needs To Know About Read More »
In recent interviews with E-news and Farmer’s Weekly (Dealing with the bias in SA’s labour Tenancy Claims system), land and labour law specialist, Rob McCarthy comments on the Constitutional Court’s judgement, ordering the government to appoint a special master to oversee the processing of thousands of long-standing labour tenancy claims.
Concourt Orders Government To Expedite Labour Tenancy Claims Read More »
Based on his extensive experience in representing mostly KwaZulu-Natal landowners in labour tenancy claims lodged against them, attorney Rob McCarthy of McCarthy & Associates believes the process is inherently biased in favour of claimants.
Advice On Dealing With The Bias In SA’s Labour Tenancy Claim System Read More »
