APRIL WEEK 3

FINANCE

When can a bank reverse a credit transfer without customer consent?

The South African Supreme Court of Appeal (“SCA”) recently delivered judgment in the matter of FirstRand Bank Limited v The Spar Group Limited. The SCA held in the context of this matter, further held that where a deposit, to the knowledge of the bank, is paid into the bank account of a customer who has no entitlement to those funds, the bank cannot set off the customer’s indebtedness to the bank against the credit to the customer’s account that derived from such a deposit.

LABOUR

Can your side hustle get you fired?

Relying on a single income may prove unfeasible, but before getting that side hustle off the ground, employees must know what their employment contract and work policy states about supplementing their income with another job or personal business, in case they find themselves facing disciplinary action.

LAND AND PROPERTY

Out with the old, in with the new – body corporate rules

Many owners of a unit in sectional title schemes, especially those schemes opened before 7 October 2016, remain confused as to which body corporate rules apply to their scheme. This confusion arose with the introduction amidst much fanfare of the so-called new sectional title legislation in 2016.

POPIA

The rise of POPIA litigation: disclosure of personal information in court proceedings

In the recent judgment of Divine Inspiration Trading 205 (Pty) Limited and another v Katherine Gordon and 2 others, the Western Cape High Court found, in essence, that the rules of court override the interests protected under the Protection of Personal Information Act, 2013 (“POPIA”) and ordered that personal information be disclosed.