Condonation in the context of Review Applications.
CONDONATION IN THE CONTEXT OF REVIEW APPLICATIONS Date published: 01-04-2025 In the recent determination of Ho’s Enterprise (Pty) Ltd v Mngomezulu and Others (2355/2022) [2025] SZHC 27, the High Court of Eswatini addressed an application for condonation concerning the late filing of a review application. The court emphasized that condonation is an indulgence granted at […]
Pacta Sunt Servanda – To which extent?
PACTA SUNT SERVANDA – TO WHICH EXTENT? Date published: 01-04-2025 In Eswatini, the principle of pacta sunt servanda—Latin terminology for “agreements must be kept”—is fundamental in contract law, emphasizing that parties are generally bound by the terms they voluntarily agree upon. However, when it comes to jurisdiction clauses that attempt to exclude the authority of […]
Talent Management
TALENT MANAGEMENT Date published: 12-12-2024 Workplace redeployment often attracts a negative stigma despite its ability to reinvigorate and reduce costs related to any employers’ staff complement. It is an option available to both the employer and the employee where the inability to meet a particular role is identified. The reasons for this are plentiful but […]
A COURT IS NOT BOUND BY PROCEDURAL TECHNICALITIES IN CASES INVOLVING THE INTERESTS OF A MINOR CHILDREN
A COURT IS NOT BOUND BY PROCEDURAL TECHNICALITIES IN CASES INVOLVING THE INTERESTS OF A MINOR CHILDREN Introduction The recent High Court case of M v M and others (980/2023) [2023] SZHC 590 (3 October 2023) underscores Children’s Court power to place the best interests of a minor child in question in every matter involving a […]
Contractual Damages in the employment sphere
Contractual damages in the employment sphere a short analysis of the ‘Swaziland Conference of Churches v Prudence Kunene’ and ‘MA Dlamini Consulting Engineers (Pty) Ltd V Bonginkhosi Zweli Mathunjwa’ judgments Date published: 08-07-2024 In the past fourteen (14) months the Industrial Court of Appeal has issued two conflicting judgments relating to the question […]
Trademark Registration in Eswatini
TRADEMARK REGISTRATION IN ESWATINI Date published: 08-07-2024 As a leading law firm on the registration of intellectual property rights domestically, Robinson Bertram focuses mainly on the registration of trademarks and provides broad services to clients pertaining to this area of intellectual property law. Trademark registration is governed by the Trademarks Act of 1981[1] […]
ADMISSIBILITY OF EVIDENCE OBTAINED WITHOUT CONSENT
ADMISSIBILITY OF EVIDENCE OBTAINED WITHOUT CONSENT Date published: 08-07-2024 In terms of the Electronic Records Evidence Act of 2009 as read with the Electronic Communications Act of 2013, video recordings are considered to be evidence and can be used in both disciplinary hearings and court proceedings. They are useful to an employer at a disciplinary […]