Feature Articles

Nurturing the land: Is it necessary to amend s 25 of the Constitution for land reform?

By Kevin Hopkins and Carl Adendorff The Constitutional Review Committee recently called on the public to comment on whether s 25 needs to be amended to allow for the expropriation […]

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Road Accident Fund ‘direct claims’ versus public interest

                    By Gert Nel The Road Accident Fund (RAF) proudly runs a campaign called ‘RAF on the Road’, which forms part […]

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The effect of the Oudekraal principle on the rule of law

                              By Ndivhuwo Ishmel Moleya Lord Denning once famously said: ‘If an act is void, then […]

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Unscrambling the General Data Protection Regulation

By Daniël Eloff At the beginning of 2012 the European Commission started with the process to reform the data protection framework in the European Union (EU). As part of these […]

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A fork in the road: Distinguishing between ‘public’ and ‘private’ roads

By Tim Pearce It is time to put up a ‘stop’ sign and halt the growing misconception that the roads in all private gated community estates are public roads and […]

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Diplomatic immunity: Its nature, effects and implications

By Riaan de Jager Section 15(1) of the Diplomatic Immunities and Privileges Act 37 of 2001 (the Act) creates an offence if anyone obtains or executes any legal process against […]

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Equality for all religions and cultures in the South African legal system

By Ndivhuwo Ishmel Moleya South Africa (SA) is a religious and culturally diverse country where all cultural, religious and other belief systems are accorded equal constitutional protection. However, it can […]

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Share buy-backs and waiver of mandatory offers in terms of the Companies Act

By Basil Kgaugelo Mashabane The purpose of this article is to briefly deal with the mandatory offer requirements in terms of s 123 of the Companies Act 71 of 2008 […]

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Time’s up for employers hiding from sexual harassment settlements

By Kershwyn Bassuday During a recent round table discussion held in London in February, Associate Professor Matteo Winkler of Tax and Law at business school HEC Paris proposed that employers […]

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Decoding s 2(1)(a) and (b) of the Contingency Fees Act

By Gert Nel Section 2 (1)(a) and (b) of the Contingency Fees Act 66 of 1997 (the Act) states: ‘(a) that the legal practitioners shall not be entitled to any […]

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