PAIA Manual

December 18, 2015
The executor’s role in bringing a testamentary trust to life

The executor’s role in bringing a testamentary trust to life

A testamentary trust, often referred to as a mortis causa or Will Trust, is created through your Last Will and Testament and only comes into existence after your death. While there is ongoing debate as to whether such a trust falls under the law of succession or contract, one thing is clear: the executor plays a pivotal role in transforming your written intentions into a functioning legal structure.

Culture vs style: When workplace dress codes cross the line

Culture vs style: When workplace dress codes cross the line

Dress codes are a familiar part of many workplaces, yet employers often fail to calibrate how far they are allowed to go in regulating employee personal appearance. While employers may enforce standards of neatness, safety and professionalism, these rules cannot override constitutional rights, nor can they operate in a discriminatory manner. A recent reminder of this emerged from the Supreme Court of Appeal, where the court had to consider the fairness of dismissing correctional officers for refusing to cut their dreadlocks, contrary to the employer’s dress code.

Competition Commission guidelines on confidential information

Competition Commission guidelines on confidential information

The Competition Commission of South Africa (“Competition Commission”) identified a need to guide merger parties and stakeholders on claiming confidentiality over information. In September 2025, the Competition Commission issued Guidelines on the Commission’s handling of confidential information (“Guidelines”), which, however, are not binding on the Competition Commission, the Competition Tribunal or the Competition Appeal Court, but must be taken into account by these authorities when interpreting and applying the Competition Act 89 of 1998 (“Competition Act”).

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