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Kochukov & Blume Inc.

@kblegal_za

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Clear, practical legal advice with a focus on growing with our clients, built on trusted client relationships

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Steadfast beside you, always.

Legal relationships are built on trust, partnership and a deep understanding of your aims and relations.

Guided by our commitment to excellence, our practical solutions protect your interests.

Navigating legal complexity so that you don’t have to. As your business grows, so does ours.

Contact us:
www.kblegal.co.za
010 300 0247 by @kblegal_za

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7 months ago

Will you be working on Election Day?

Wednesday, 4 November 2026, has been declared a nationwide public holiday for South Africa’s Local Government Elections.

Businesses may remain open, but employees cannot simply be required to work without an applicable agreement. Public-holiday payment rules must also be applied correctly.

Employers should review their contracts, rosters and payroll arrangements before the date arrives.

Save this post and share it with your employer, HR team or payroll administrator.

General information only. Employment arrangements, collective agreements and individual circumstances may affect the position. Obtain legal advice where necessary.

KB Inc.
Steadfast beside you. Always.

#EmploymentLaw #PublicHoliday #ElectionDay #SouthAfricanLaw #KBInc #SouthAfrica #Law #LegalUpdate by @kblegal_za

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3 days ago

Signed. Paid. Separated. Can you still claim unfair dismissal?

In WBHO Construction (Pty) Ltd v Masenye NO and Others, the Labour Appeal Court confirmed an important principle:

Where an employment relationship ends through a valid and voluntary mutual separation agreement, there is no dismissal for purposes of the Labour Relations Act.

That means an employee cannot simply accept the terms of a consensual separation and later treat the termination as an unfair dismissal.

In this case, the employee argued that the agreement was effectively a retrenchment and that the employer had failed to follow the section 189 consultation process.

The LAC disagreed.

Because the agreement had been entered into freely and voluntarily, the employment relationship ended by agreement and not dismissal.

The practical takeaway?

Mutual separation agreements matter.

For employers, they should be drafted clearly and concluded without coercion.

For employees, signing one may significantly limit the ability to later pursue an unfair dismissal claim.

As always, the real issue is whether the agreement was genuinely consensual.

WBHO Construction (Pty) Ltd v Masenye NO and Others (JA124/24) [2026] ZALAC 10

#EmploymentLaw #LabourLaw #SouthAfricanLaw #MutualSeparation #UnfairDismissal #CCMA #LabourAppealCourt #KBInc #HotOffTheBench

This post is for general informational purposes only and does not constitute legal advice.

KB Inc.
Steadfast beside you. Always. by @kblegal_za

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4 days ago

A little reminder from us to you: You don't need a legal problem to have a lawyer.

Sometimes you just need a question answered, a contract checked or a little peace of mind before making a big decision.

At KB Inc., we believe in building relationships, not just handling disputes.

So, when last did you call your lawyer? And more importantly, what's stopping you?

Our door is always open for a conversation.

Kochukov and Blume Incorporated
Steadfast beside you. Always. by @kblegal_za

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5 days ago

17.47 BILLION SPAM CALLS. SOUTH AFRICA IS FINALLY HITTING BLOCK.

Unsolicited insurance offers, persistent sales calls and marketing SMSes you never signed up for. Sound familiar?

On 7 October 2026, the National Consumer Commission launched the National Opt-Out Registry, aimed at giving South Africans greater control over unwanted direct marketing.

WHAT DOES THIS MEAN FOR YOU?

Under section 11 of the Consumer Protection Act, consumers already have the right to restrict unwanted direct marketing.

The new registry will make it easier to exercise that right through a centralised opt-out system, with consumer registration expected to become available in May 2027.

AND FOR BUSINESSES?

Direct marketers will face additional compliance obligations, including registering on the system, regularly checking their databases and respecting consumer objections.
Non-compliance could attract significant administrative penalties.
Importantly, POPIA's existing restrictions on unsolicited electronic direct marketing remain applicable.

THE TAKEAWAY?

Consumers have the right to say no. Businesses have an obligation to listen.
Is your business ready for the new direct marketing requirements?

Contact KB Legal for assistance with consumer protection and POPIA compliance.

KB Inc.
Steadfast beside you. Always.

#KBLegal #ConsumerProtection #POPIA #SpamCalls #SouthAfricanLaw #BusinessCompliance #ConsumerRights by @kblegal_za

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6 days ago

Your lawyer called.

Just kidding. But perhaps you should call yours.
We tend to think of lawyers as the people we call when something goes wrong.

But some of the most valuable legal advice is given long before any of those things happen.

At KB Inc., we're just as interested in helping you avoid legal problems as we are in helping you resolve them.
Whether it's a quick question, a new business venture, a contract you're unsure about or something you've been meaning to sort out, we're always happy to have a conversation.

Good legal advice shouldn't be a last resort.
Get in touch!

KB Inc.
Steadfast beside you. Always.

info@kblegal.co.za
www.kblegal.co.za by @kblegal_za

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10 days ago

HOT OFF THE BENCH | CAN TELLING YOUR BOSS “SCREW YOU” GET YOU FIRED?

Jenecker v SA Medical and Education Foundation NPC and Others (C611/2022) [2025] ZALCCT 104

In Jenecker v SA Medical and Education Foundation NPC and Others, the Labour Court had to consider whether a workplace confrontation, including an employee telling the CEO “screw you”, justified dismissal for gross insubordination.

The case is a useful reminder that there is an important distinction between insolence and insubordination.
Being rude, disrespectful or confrontational does not automatically amount to dismissible misconduct. The real question is whether the conduct, viewed in context, amounts to a deliberate challenge to the employer’s authority and whether dismissal is a proportionate sanction.

In this matter, the Court found that the commissioner’s decision to uphold the dismissal was one that a reasonable decision-maker could reach.

The takeaway? Context matters. The words used, the surrounding conduct, prior disciplinary history and the seriousness of the defiance can all play a role.

#EmploymentLaw #LabourLaw #SouthAfricanLaw #Dismissal #Insubordination #CCMA #LabourCourt #KBInc #HotOffTheBench

KB Inc.
Steadfast beside you. Always.

info@kblegal.co.za
www.kblegal.co.za

This post is intended for general informational purposes and does not constitute legal advice. by @kblegal_za

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10 days ago

You’ve got legal questions and we have coffee.

We'd love the opportunity to get to know you and your business.

Whether you're facing a challenge, planning for growth, or simply need practical guidance, we're always happy to have a conversation.

Please come visit us to schedule a zero-commitment and complimentary consult to discuss any legal questions which you may have.

We look forward to meeting you!

KB Inc.
Steadfast beside you. Always.

info@kblegal.co.za
www.kblegal.co.za by @kblegal_za

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11 days ago

Received a legal notice? Don’t panic, but don’t ignore it either.

Your first reaction can significantly affect what happens next. Ignoring the notice, sending an emotional message or admitting facts without understanding the legal consequences may weaken your position.

Take a step back, preserve your evidence and speak to a trusted lawyer before responding. A carefully drafted reply, submitted within the stipulated time, can help protect your rights and support the correct legal strategy.

Save this post and share it with someone who may need it.

For general information only and not a substitute for legal advice.

KB Inc.
Steadfast beside you. Always. by @kblegal_za

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12 days ago

We’ve made our mark on Sandton Drive!

Our new sign went up just in time for the excitement of the Red Bull Box Cart Race outside our offices. Keep an eye out for us next time you’re on Sandton Drive!

KB Inc.
Steadfast beside you. Always.

#KochukovAndBlume #SandtonDrive #RedBullBoxCartRace #LegalProfessionals by @kblegal_za

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13 days ago

HOT OFF THE BENCH | THE DE MINIMUS DEFENCE IN ASSAULT

In Richards v S (Appeal) [2026] ZAWCHC 551, the Western Cape High Court dismissed an appeal against a conviction for common assault arising from an altercation at a restaurant.

The appellant, the restaurant’s owner, took a patron’s cellphone during an argument. When the 65-year-old patron attempted to recover it, the appellant forcefully pushed him backwards into a balustrade on an elevated deck. The patron sustained a chest haematoma and other injuries.

The Court rejected both defences raised by the appellant:

Private defence: The patron was attempting to retrieve his phone—not launching an unlawful attack on the appellant or any legally protected interest.

De minimis non curat lex: Although the maxim permits the criminal law to disregard genuinely trivial conduct, its application requires a value judgment informed by constitutional values and all the surrounding circumstances.

The force used, the resulting injuries, the danger posed by the elevated deck, the complainant’s age and the proprietor–guest power relationship meant that the assault was neither trivial nor merely technical.

The Court cautioned that de minimis should be applied sparingly in assault cases involving vulnerable victims or unequal power relationships.

Outcome: The appeal against conviction was dismissed.

KB Inc.
Steadfast beside you. Always.

#HotOffTheBench #CriminalLaw #Assault #PrivateDefence #DeMinimis #ConstitutionalLaw #SouthAfricanLaw #CaseLaw #LegalUpdate by @kblegal_za

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16 days ago

HOT OFF THE BENCH: When does suicide break the chain of causation?

Road Accident Fund v L.M and Others (2026)

The SCA considered whether the RAF was responsible for loss of support after a man injured in a motorcycle accident later died by suicide.

Facts

- The accident left the deceased with serious injuries that limited his ability to work.
- His business and finances were already under pressure before the accident.
- He died by suicide about two and a half years later, and his widow claimed compensation from the RAF.
Initial findings
- The trial court dismissed the claim because the deceased had not been diagnosed with major depression.
- The full court found that a formal mental-health diagnosis was not required.
- The full court ruled that the accident contributed to his death but did not consider whether the link was legally close enough.

SCA findings

-The SCA confirmed that causation involves two distinct enquiries:
Factual causation: Would the harm probably have occurred but for the wrongful conduct?
Legal causation: Is the connection between the conduct and the harm sufficiently close to justify liability?

- The SCA agreed that the accident and injuries contributed to the deceased’s distress.
- However, there was no evidence that a mental condition had taken away his ability to make independent decisions.
- His suicide was therefore found to break the legal chain between the accident and his death. The RAF was not liable.

Key takeaway: It is not enough to show that an accident contributed to a person’s distress or death. A claimant must also prove a close and reasonably foreseeable legal connection between the accident and the suicide.

This post provides general information and is not legal advice.

KB Inc.
Steadfast beside you. Always.

#HotOffTheBench #RAF #SouthAfricanLaw #KBInc #LegalUpdate by @kblegal_za

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16 days ago