What is putative self-defence?

What is putative self-defence?

By Sanette Viljoen In the appeal court case of S v De Oliveira 1993 2 SASV 59 (A) putative self-defence was described as a situation where a person subjectively really believes that his life is in danger, but seen objectively it is not. Subjective means that which is going on in my own mind and  … Read more

Absolute liability for damage caused by your personnel

Absolute liability for damage caused by your personnel

By Sanette Viljoen Facts: A business owner is advised by his short-term insurance broker to take out a policy to protect him against claims brought against him for his employees’ negligence. The owner, however, feels that it is not his responsibility if his employees cause other people damage, so why should he pay for special  … Read more

Legal rule applicable when marrying abroad

Legal rule applicable when marrying abroad

By Sanette Viljoen In these modern times getting married abroad is very popular. What is the legal position if a South African gets married in another country. The problem is that this beautiful romantic wedding explodes in the parties’ faces when it comes to divorce or the death of one of the parties, with the  … Read more

Claim for damages against neighbour for a runaway veld fire

Claim for damages against neighbour for a runaway veld fire

By Sanette Viljoen In the recent case MTO Forestry v Swart (420/2016) [2017] ZASCA 57 the landowner, whose plantation burned down after a fire spread from his neighbour’s land and destroyed his entire plantation, lodged a claim. The fire started on a section of the neighbour’s land that was covered with dense exotic shrubs that were  … Read more

How long the will may be disputed after disposal of estate

How long the will may be disputed after disposal of estate

By Sanette Viljoen Indirectly this matter comes down to prescription. Facts of the matter: John inherited from an estate. Sarah felt that John was unfairly enriched at her expense. She should have inherited more that John. Sarah may bring a civil claim and the estate should be reopened. The question of how long after the  … Read more

Trade Union Solidarity deals with cases relating to labour law only, which is one of the benefits of membership the union offers. All other legal matters on this page (civil law and criminal law) are dealt with by other parties and are not included in the benefits of membership offered by Solidarity. Solidarity legal services is not bound to the advice and articles published on this page. When reading an article, check the publication date to ensure you get up-to-date advice and not advice that is no longer valid.

Click here to download the necessary forms authorising Solidarity to act on your behalf in line with its policy and powers.

IOD OHS mandate form/Complaint form

Labour court mandate form/Complaint form

Mandate form/ Complaint form for litigation

Solidarity's general litigation division provides assistance to members who encounter legal problems in the workplace. Assistance is provided in respect of legal enquiries, consultations, grievance procedures, disciplinary inquiries, conciliations and arbitrations.

Read more

  • In the case of South African Airways v Van Vuuren, the distinction between “compensation” and “damages” was deliberated in the judgment of the Labour Appeal Court. It was clear that the two words were often used interchangeably because of their meanings being ambiguous. This would naturally affect the discretion of the court in awarding claims  … Read more

  • It is well-known that Solidarity has been involved in a long battle against government’s implementation of affirmative action. Over the past ten years we have brought several discrimination cases before the Labour Court, the Labour Appeal Court, the Supreme Court of Appeal and also before the Constitutional Court. In 2012 a decision was made to  … Read more

  • Introduction We, as Solidarity’s Centre for Fair Labour Practices, have a number of concerns regarding the proposed amendments to the Employment Equity Act (EEA) as reflected in our comments provided to the portfolio committee. We would like to take this opportunity to focus on the issue we are most concerned about, namely the amendments to  … Read more

  • Much has already been said about the impact that majoritarianism has had on minority unions and the subsequent Marikana “consequences”. However, in this article we consider the effect thereof, especially on minority groups during employment equity negotiations. In terms of section 16 of the Employment Equity Act (No. 55 of 1998)  an employer is required  … Read more

  • Click here to find out what your rights are in terms of prosecution and how to lodge a complaint if any of your rights are being infringed.





    Solidarity gives its members and supporters access to advice on civil matters by making use of a preferred external firm, serfontein, viljoen and swart. Members of solidarity can get free telephonic advice on civil matters through the solidarity call centre by phoning 0861 25 24 23

    Debt counselling is a process that was introduced by the National Credit Act to assist consumers who have high debt levels and are in trouble. The aim of debt counselling is to restructure debt and establish a repayment plan that is supported by creditors or that is found by the court to be fair in the circumstances.

    In other words, it is a form of rehabilitation that carries on in a structured manner until a consumer’s debt levels return to “normal” and he/she can function normally like any other consumer who controls his/her debt levels.

    Registreer / Register

    Maak toe / Close