Category Archives: Updates & Media

The duty of contracting parties to mitigate damages – by Lizelle Donaldson

Lockdown.  Many of us have been forced into situations where we literally cannot move beyond the confines of our immediate surrounds.  We are indeed commanded to remain inert.  This inertia is not limited to being physically confined. Where contracts are involved, many find themselves in a situation where they are unable to perform the obligations… Continue Reading

Governmental relief for employers and employees as a result of COVID-19 – by Jaime Myhill

The COVID-19 pandemic has left both employers and employees feeling vulnerable and uncertain as to the options open to them. This article provides an overview of the relief offered by the Government which is available to employers and employees in order to assist them financially through this difficult period. EMPLOYERS Many employers are suffering financially… Continue Reading

COVID-19 & national shutdown 2020: Force majeure and the legal effect on commercial contracts – by Joshua Kadish

At the time of writing, there are 436,377 confirmed cases of Coronavirus (COVID-19) affecting 196 countries and territories around the world. On Monday 23 March 2020, President Cyril Ramaphosa announced a national shutdown due to start at midnight on 26 March 2020 and lasting (at least) 21 days. It is anticipated that the nationwide shutdown will… Continue Reading

Rights of the Employer in the face of the Coronavirus – by Danie Pretorius

Introduction Most of the popular literature that has been disseminated in regard to employment law during the outbreak of the Coronavirus, has looked at it from an employee perspective. Instead, we will focus here on the unique challenges that employers may face during the deepening pandemic. Compulsory or voluntary isolation In the event that someone… Continue Reading

Benefits available to employees arising from COVID-19 – by Lisa-Anne King

What benefits are available to employees by government and how can they be claimed during the Coronavirus crisis? On 20 March 2020, a notice was published by the Compensation Commissioner pursuant to the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (COIDA).  This notice is applicable to employees who contract COVID- 19 during… Continue Reading

Does the suspension of liquidation of Proceedings in terms of section 131(6) [1] Preclude the conduct of a section 417/418 inquiry? – by Colin Strime

This question was dealt with in a recent decision (unreported as yet) of the High Court [3] where the court (per Petersen AJ) gave its interpretation of paragraphs 15 to 17 and 19 of the Maroos Judgment[4].  These paragraphs read as follows: “[15]     Section 131(6) of the Act does not change the status of the… Continue Reading


In response to the threats posed by COVID-19, Fluxmans has implemented a number of protocols to ensure the continuity of efficient and quality services to clients.  We remain committed to the uninterrupted provision of our services in a secure manner (remotely where necessary) to meet all of our clients’ needs. COVID 19 – Protect your… Continue Reading

Letter to our Clients

Dear Sirs COVID19 – LOCKDOWNIn an attempt to prevent the spread of Covid19 and the concomitant loss of life, our Government has implemented measures which will have the unavoidable effect of businesses no longer being able to be conducted entirely as usual. Fluxmans supports the stringent but essential steps taken by our Government, notwithstanding that… Continue Reading

Neighbourly considerations – by Fikile Sithole

Subject to certain limits imposed by legislation, a land owner has the right to uninterrupted use and enjoyment of his own property. Conversely, a land owner also has the reciprocal obligation to refrain from doing anything that could possibly impinge on his neighbour’s rights, particularly in relation to the neighbour’s right to uninterrupted use and… Continue Reading