Not Worth the Paper it's Written on - The True Owner of a Cheque

The case of Indac Electronics (Pty) Ltd v Volkskas Bank Ltd 1992 (1) SA 783 (A) brought about a considerable change in the South African law on the delictual liability of a collecting bank for the incorrect collection of a cheque. In principle a collecting bank can now be held liable by the 'true owner' of a cheque for its wrongful collection. As only the 'true owner of a particular cheque is entitled to recover damages for wrongful collection, this concept is particularly important. It originated in English law and is not defined in our Bills of Exchange Act 34 of 1964. Until recently the concept of true ownership was not authoritatively defined in our case law. Now the situation has been clarified to a large extent by two recent decisions of the Appellate Division.

Chris Giliomee
Aspects of Labour Law pertaining to Mental Disorders

South African Labour Law prohibits employers from dismissing employees because they are disabled unless the employer can prove that the employee’s disability has rendered the employee unable to fulfill his or her work function and the employer has first followed the statutory incapacity procedure and has been unable to find an alternative to dismissal. This article aims to highlight some of the rights of a mentally disabled employee vis-a-vis his/her employer

Chris Giliomee