Feature Articles

COVID-19 and the possible price gouging effect: Does South Africa have the legislative framework to cope?

The outbreak of COVID-19 (coronavirus) in Wuhan, China has witnessed the death of up to 16 362 people (as on 24-3-2020) across the globe, and without a vaccine, it seems […]

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Has the summary judgment remedy lost its purpose following the amendments to Uniform r 32?

The summary judgment procedure is set to give a plaintiff, with an unanswerable case, a speedy judgment, against a defendant who does not have a defence, without the delay and […]

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Can victims of revenge pornography rely on POPI’s protection?

By Paula Gabriel  Revenge pornography is the act of distributing intimate photography without the consent of the individual being depicted (S Hinduja ‘Social Media, Cyberbullying, and Online Safety Glossary’ https://cyberbullying.org, […]

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The correct route to follow when dealing with pension fund adjudicator’s determinations

The law regulating the South African retirement fund industry is fragmented with different retirement funds being regulated by different pieces of legislation (MC Marumoagae ‘The need for effective management of […]

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Is there a material difference between a person’s gender and their status as a parent?

In the South African television (TV) world, a reality show exists and the primary objective of the TV show is to resolve issues of paternity by using DNA testing. It […]

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Two lawyers named Mpofu: Is the permanent residence requirement in the LPA unconstitutional?

In August 2018 the world’s attention was on Zimbabwe. The landmark elections and ensuing Constitutional Court challenge made quite a spectacle for the international media. One of the sideshows that […]

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Understanding ‘emergency monetary relief’ in the Domestic Violence Act

By Dr Fareed Moosa Domestic violence is a brutal onslaught against constitutional values and the fundamental right to freedom and security of the person. In S v Baloyi (Minister of […]

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When does the Constitutional Court have jurisdiction to hear competition law appeals?

The recent decision in Competition Commission of South Africa v Media 24 (Pty) Ltd 2019 (5) SA 598 (CC) exposed the Constitutional Court’s (CC’s) disparate views on the right of […]

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Full disclosure – the materiality test for insurance explained

‘The object of devising a means or criterion for determination of the materiality of undisclosed facts must surely be to ensure … that justice is done to both parties. The […]

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Decrypting the classification of cryptocurrency around the world

  Cryptocurrencies are currently being experimented with in multiple commercial disciplines and being used for trading to alternative payment methods. The question many governments face at this point is how […]

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