Feature Articles

The law of contract, the Consumer Protection Act and medical malpractice law

By Maud Letzler Exclusionary clauses have long formed part of the large volume of contracts that legal professionals deal with on a daily basis. Legal professionals themselves have no doubt […]

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Tax considerations when registering an external company in South Africa

By Erika Wessels The April 2012 edition of De Rebus contained an article by Heather Brownell on the legal matters to bear in mind when considering what constitutes an ‘employment […]

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Government’s duty to be a model litigant

By Ian Gough The commencement, defence and conduct of litigation by the government or its departments constitute the exercise of public power (A Dodek ‘Lawyering at the intersection of public […]

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The role of children’s views during divorce

By Clement Marumoagae The Children’s Act 38 of 2005 (the Act) makes provision for divorcing parents to consider the welfare of their minor children during divorce proceedings. The Act grants […]

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Why two is NOT better than one – The problem of amending legislation through other legislation

By Alison Dyer In recent years a trend has developed of amending an Act of parliament, not by means of a specific amendment Act, but by an Act covering another […]

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Limits to democracy in sectional title management

By Tertius Maree In terms of s 39(1) of the Sectional Titles Act 95 of 1986 (the Act), the functions and powers of a sectional title body corporate must be […]

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Copyright in computer programmes – The need for law reform

By Linda Muswaka The Copyright Act 98 of 1978 (the Act) grants the copyright owner of computer programmes the right to make or authorise the making of an adaptation of […]

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What constitutes an ‘employment contract within South Africa’? – s 23(2) of the Companies Act 71 of 2008

By Heather Brownell Section 23 of the Companies Act 71 of 2008, which came into effect on 1 May 2011, deals with the situation where a foreign company is required […]

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Section 85 of the NCA – a lifeline for debtors

By Ronél de Klerk A string of recent judgments regarding debt review as envisaged in the National Credit Act 34 of 2005 (NCA) has rocked the proverbial boat for consumers, […]

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Rescission of a tax ‘judgment’

By Fareed Moosa The Income Tax Act 58 of 1962 and the Value-Added Tax Act 89 of 1991 (VAT Act) impose on taxpayers a liability to the fiscus on the […]

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