Feature Articles

Overview of the Legal Practice Bill

By Kim Hawkey The Legal Practice Bill (B20 of 2012), which has been in the pipeline for more than a decade, is one step closer to implementation after Justice Minister […]

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Q & A with the Director of the Justice Department’s Gender Directorate, Ntibidi Rampete

The Gender Directorate at the Department of Justice and Constitutional Development (the department) was established in March 1997. The directorate’s staff is made up of one director, two deputy directors, […]

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Legality of paying a gratuity to non-striking employees

By Clement Marumoagae The right to strike is a fundamental right enshrined in the Constitution and regulated by the Labour Relations Act 66 of 1995 (LRA). The LRA regulates the […]

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Business rescue practitioners: What role for the legal profession?

By Richard Bradstreet It has been just over a year since the Companies Act 71 of 2008 came into force and companies still appear to be finding their feet with […]

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A fine balance to avoid overregulation of hedge funds

By Kerry Kopke South Africa’s hedge fund industry is not large enough to present any systemic risk to its financial industry. Therefore, the need for regulatory oversight to manage systemic […]

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Compliance in bank matters

By Felix Majoni Banks perform a crucial role in every economy. Chief among these are the provision of financing for commercial enterprises, basic financial services to the general public and, […]

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Business rescue and the moratorium on legal proceedings

By Hendrik Beukes This article considers the meaning and effect of the moratorium placed on legal proceedings when a company has launched business rescue proceedings in terms of the new […]

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Scope of the state attorney’s role when acting in the governmental interest

‘It is in the governmental interest to represent organs of state involved in litigation.’ By Ian Gough In terms of s 3(3) of the State Attorney Act 56 of 1957, […]

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Piercing the corporate veil under the New Companies Act

Is s 20(9) read with s 218 a codification of the common law concept or is it further reaching? By Nicolene Schoeman Before the Companies Act 71 of 2008 was […]

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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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