Legal Bulletin by Cluver Markotter

Cluver Markotter NEWSLETTER

Legal Bulletin by Cluver Markotterby Derick Swart
of Cluver Markotter,
January 2006

Time-bar clauses in short-term insurance contracts: are they constitutional?

In terms of the Prescription Act, a debt (for example a claim against a third party) only prescribes after three years. This means that the claimant has three years to take the wrongdoer or debtor to court. However, the average insurance contract contains a clause limiting the time-frame within which the holder of a policy has to take the insurance company to court if it refuses to pay out. This obvious discrepancy begs the question of whether such clauses can be considered constitutional and therefore enforceable.


Polygraph Examinations in the Workplace

Due to high levels of crime and in particular dishonest conduct in the workplace, the use of polygraph examinations, more commonly referred to as lie detector testing, has become a common method to conduct pre-employment screening and to detect dishonesty in the workplace.


Introduction to business names

People are passionate about names, and choosing a name for your company or close corporation is not merely a creative exercise, but involves a bit more skill and effort to avoid disappointment.  This article introduces a number of guidelines o be kept in mind when naming a business.


Beware of the VAT registration threshold

Any person who makes supplies of goods or services in the furtherance of an enterprise, should always remain aware of the threshold for compulsory registration for VAT.  Once the turnover from goods or services supplied by any person exceeds R300 000 in any 12 month period, the person will become liable to register for VAT at the South African Revenue Services (SARS). 


Avoid trade mark refusals due to incomplete records

Our office has come across a disconcerting number of instances where the records of the Registrar of Trade Marks’ have not been complete at the time proprietors caused registrability searches to be performed, causing proprietors to adopt marks which are in fact not available for registration or use. The problem is aggravated by the fact that the deficiency in the Registrar’s records only becomes apparent when the mark is considered by the Registrar, some three years down the line.


New Internet domain name available: .eu

It has been reported that with effect from 7 December 2005 it will be possible to register domain names under the newly established .eu registry. If you hold Europian Union trade marks, we recommend that you contact us regarding the registration of your trade marks as Internet domain names under this new registry.


Access to information now more affordable

One of the fundamental human rights granted to everyone in terms of the Constitution of the Republic of South Africa (Act 108 of 1996) is the right of access to information which is held by the state (Section 32). Furthermore, everyone has the right of access to information held by another person which is required for the exercise or protection of any rights.




The information contained on this page is neither intended to be a definitive analysis of any specific legal topic nor should it be construed as legal advice. Professional legal advice should therefore be obtained from an attorney before any course of action is pursued.




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