ARTICLES

Can a crime become prescribed and no longer be prosecuted?

Can a crime become prescribed and no longer be prosecuted?

According to Section 18(1) of the Criminal Procedures Act, no 52 of 1977, criminal offences do become prescribed. All criminal offences are prescribed 20 years from the date on which the crime was committed, except where the act stipulates otherwise. However, there are exceptions to this section. Exceptions include the following: – murder, – high  … Read more

Unfair dismissal and reinstatement

Unfair dismissal and reinstatement

By Mynie Kriek Question: My employer dismissed me without having followed any pre-dismissal procedures. When I referred a dispute of unfair dismissal to the CCMA, my employer offered to reinstate me in order to rectify the pre-dismissal process. Is this lawful, and how will it affect my unfair dismissal case? The set of facts in  … Read more

Employees, Know Your Rights When It Comes To Leave!

Employees, Know Your Rights When It Comes To Leave!

By Anja van den Berg The Basic Conditions of Employment Act applies to all employers and workers in South Africa, and regulates leave, working hours, employment contracts, deductions, pay slips and termination. The Act clearly stipulates your rights as an employee when it comes to leave: The Basic Conditions of Employment Act provides for annual  … Read more

Parents’ rights after a divorce

Parents’ rights after a divorce

By Nico Strydom The breakdown of a marriage not only causes heartache and loss for the couple  concerned, but even more so if they have children. A divorce can be very traumatic for children and although the marriage might be something of the past, the children born out of the marriage remain a priority. In  … Read more

CCMA commissioner’s right to change a charge

CCMA commissioner’s right to change a charge

By Hendrik van der Hoven Can a CCMA commissioner change a charge on a charge sheet during arbitration when hearing and adjudicating a case of unfair dismissal? A health and safety officer at a mine brought activities to a halt when he was not carrying out his duties to declare a section of a mine  … 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.

    ARREST

    DRUNK DRIVING

    ASSAULT

    HOW DO YOU LAY A CHARGE?

    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