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    Legislation regarding the interception of telephone conversations, SMSs and smartphone content

    Legislation regarding the interception of telephone conversations, SMSs and smartphone content

    The Regulation of Interception of Communications and Provision of Communication-related Information Act (No. 70 of 2002), also known as RICA, has been in operation in our country since 2006. The act places a general ban on the interception of any communication when being sent. However, the act provides for the interception of any person’s communication  … Read more

    Beware: Pawnshops and scrapyards

    Beware: Pawnshops and scrapyards

    The Second-Hand Goods Act (Act 6 of 2009) took effect on 30 April 2009. The aim of this act is as follows: “To regulate the business of dealers in second-hand goods and pawnbrokers, in order to combat trade in stolen goods; to promote ethical standards in the second-hand goods trade; and to provide for matters  … Read more

    Severe sentence for farmer who lifts cycads

    Severe sentence for farmer who lifts cycads

    All the South African species of Encephalartos (Wood’s cycad) and Strangeria (Strangeria eriopus ) are listed in Schedule I (the highest level of protection) of the Convention on International Trade in Endangered Species (CITES). In terms of the regulations of this convention all trading in and transportation of these plants must be authorised through the  … Read more

    E-mail: The same power as a signature

    E-mail: The same power as a signature

    In a recent court case it was asked whether an e-mail, in general, enjoys the same legal status as documents printed on paper as well as normal pen-and-paper signatures. In the court case Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash and Another 2015 (2) SA 118 (SCA) is was put forward  … Read more

    How does historic conservation of buildings work?

    How does historic conservation of buildings work?

    By Tania du Toit Do you know how old buildings have to be before they can be considered for historic conservation? Do you know that South Africa has one of the most progressive heritage legislation in the world? According to the cultural historian, Prof. Anton van Vollenhoven, unfortunately this act is unknown and often is  … 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.

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  • 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.


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