Feature Articles

Companies Act provides relief for prejudiced minority shareholders

              It is not uncommon for many shareholders to find themselves in an undesirable position. Shareholders may wish to dispose of their shares for […]

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Donations tax – a summary of calculations

            Donations tax is payable on the total value of property disposed of, whether directly or indirectly, by a resident by means of a donation. […]

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A European perspective on modern day piracy – copyright, hyperlinks and the Internet

          The Berne Convention for the Protection of Literary and Artistic Works, 1886 (the Berne Convention) is the principal international treaty governing copyright. In the European […]

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Should disability grants be deducted from loss of earnings claims against the RAF?

South African courts have dealt with the question of whether disability grants should be deducted from loss of earnings claims against the Road Accident Fund (RAF) on three occasions. On […]

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You have been served: An update on service of referrals to the CCMA on foreign defendants

In December 2017, De Rebus published an article on the service of legal process on foreign states and intergovernmental organisations (see Riaan de Jager ‘Diplomatic law: Service of process on […]

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Moving towards a guilt-free divorce

Before the Divorce Act 70 of 1979 (the Divorce Act) was promulgated, the grounds of divorce in South Africa (SA) were – malicious desertion; adultery; incurable mental illness; and imprisonment […]

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The termination of consent of lawful occupiers

By Johan van der Merwe Consent is the necessary condition to perform certain acts lawfully, and to gain or lose a particular legal status. Issues pertaining to consent are widespread […]

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Parental rights in known sperm donor agreements

By Herbert James David Robertson The South African family law fraternity is familiar with surrogacy agreements. The surrogacy agreement has been incorporated into South African family law with the introduction […]

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Indigenous communities and land claims – a discussion

By George Barrie In the article ‘Revisiting the term “community” in the South African context’ 2018 (Dec) DR 18, Udo Richard Averweg and Professor Marcus Leaning once again brought to […]

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Step ahead carefully – the uncertainty of unfair contracts continues

          In the case of Botha and Another v Rich NO and Others 2014 (4) SA 124 (CC) the Constitutional Court (CC) held that the exercise […]

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