Adams & Adams

Congratulations to Mtho Maphumulo on his elevation to partnership! Mtho has been instrumental in establishing and growing our Insurance and Financial Sector Practice. He represents key stakeholders in the financial sector. Mtho’s appointment reflects the firm’s strategic focus on bolstering its dispute resolution capacity, specifically in the insurance and financial sectors. Join us in celebrating Mtho's well-deserved appointment. Read more about Mtho's appointment here: https://buff.ly/HfqX9Lx #adamsadamslaw #africanlawfirm #partnerannouncement

In the case of Mohlaba v Minister of Cooperative Governance and Traditional Affairs, the Constitutional Court upheld the Limpopo High Court’s decision, declaring Section 25 of the Limpopo Traditional Leaders and Institutions Act 6 of 2005 as constitutionally invalid. This ruling highlights the courts' role in protecting vulnerable and marginalised communities in South Africa. The mandatory taxes on indigenous communities had significant impacts on these economically disadvantaged groups. Qiniso Sibisi takes a look into the implications of this case and its importance in protecting constitutional rights. Click here to read more: https://buff.ly/bkvbAQA #adamsadamslaw #africanlawfirm #ConstitutionalLaw #IndigenousRights

In the case of Mohlaba v Minister of Cooperative Governance and Traditional Affairs, the Constitutional Court upheld the Limpopo High Court’s decision, declaring Section 25 of the Limpopo Traditional Leaders and Institutions Act 6 of 2005 as constitutionally invalid. This ruling highlights the courts' role in protecting vulnerable and marginalised communities in South Africa. The mandatory taxes on indigenous communities had significant impacts on these economically disadvantaged groups. Qiniso Sibisi takes a look into the implications of this case and its importance in protecting constitutional rights. Click here to read more: https://buff.ly/bkvbAQA #adamsadamslaw #africanlawfirm #ConstitutionalLaw #IndigenousRights

In construction, there are often two contracts: one between the employer and the main contractor, and another between the main contractor and a subcontractor. A key question is whether an employer can take action against a subcontractor if the subcontractor's actions cause the employer to be liable, even though the employer isn't directly involved in the subcontract. In his latest article, Jean-Paul Rudd examines the legal principles and potential recourse options for employers, focusing on the stipulatio alteri principle and the law of delict. Click to read more: https://buff.ly/KzTA15U

Thanks for joining our JHB IP Commercialisation team to discuss "externalisation of ownership" from RSA including of IP, one of the most neglected and misunderstood, yet often most valuable assets in any business, in collaboration with IQ-EQ Group. Darren Olivier Alan Witherden Lita Miti-Qamata Maureen Thuto Makoko Dean Douglas Shameel Rumjaun Hendrik Van Der Walt

Recognising factual dependency is crucial in pension fund law, especially for allocating death benefits under Section 37C of the Pension Funds Act. The Financial Services Tribunal's decision in Semenya v Old Mutual Superfund Pension Fund highlights how financial dependence is assessed, distinguishing genuine dependents from others. Mzwakhe Poswa takes a closer look at the case and how it reinforces that pension fund decisions must be based on verifiable financial dependency, rather than assumptions about family relationships or future possibilities. Read more here: https://buff.ly/V6Fd8VS #adamsadamslaw #africanlawfirm #realiseafricanenterprise #pensionfunds

Announcing the promotion of six professionals to the position of Senior Associate! Congratulations to Matome, Micaela, Mpumelelo, Mzwakhe, Raznae, and Rebone! We are confident that you will continue to make significant contributions to our firm and clients. Join us in celebrating their achievements and wishing them continued success in their new roles! #adamsadamslaw #africanlawfirm #realiseafricanenterprise

Social media content is increasingly being used as evidence in courts and other dispute resolution forums, especially in defamation, sexual harassment, and family law cases. For instance, in a recent Judicial Service Tribunal hearing on a sexual harassment complaint against a Judge President, the interpretation of WhatsApp emojis came to the fore. What challenges do courts and alternative dispute resolution platforms face with such digital evidence? Click here to find out more from Mtho Maphumulo: https://lnkd.in/dcY67uAk

Congratulations Lita Miti-Qamata on this remarkable achievement! Making Adams & Adams proud by empowering and protecting creatives across South Africa. Your expertise, dedication, and passion for the arts drives the efforts to create a fair and just creative industry. Well done! 

In a recent judgment, the Johannesburg High Court handed down a judgment pertaining to a delictual case where disclaimers came to the fore. The court dismissed the injured patron's claim relying on a disclaimer notice displayed at the entrance, which exempted the business from liability for injuries, including those due to negligence. The court found that the business had taken reasonable steps to inform patrons of the disclaimer and found same to be enforceable. Mtho Maphumulo takes a closer look here: https://buff.ly/ZqPDPVt #adamsadamslaw #africanlawfirm #disclaimers #disputeresolution