Feature Articles

Is the state obliged to provide Internet access to detainees?

By Daniël Eloff Persons who are detained or arrested have certain rights under the Constitution. One such right is the right of an arrested and/or detained person to consult with […]

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Trust account advocates – can they be admitted to the roll of notaries and conveyancers?

By Sydney Mosoane In terms of the Legal Practice Act 28 of 2014 (LPA) both advocates and attorneys are referred to as legal practitioners. For the purposes of this article, […]

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The basic structure doctrine: A challenge to expropriation without compensation?

By Martin van Staden In February 2018, Parliament adopted a resolution in support of the concept of expropriation of private property without compensation. The resolution, among other things, directed the […]

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Applying Uniform r 23 into the landscape of tax litigation

By Dr Fareed Moosa Tax courts are created by s 116(1) of the Tax Administration Act 28 of 2011 (TAA). As such, by virtue of s 166(e) of the Constitution, […]

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Revisiting the term ‘community’ in the South African context

By Udo Richard Averweg and Professor Marcus Leaning The recent Land Claims Court (LCC) matter, Elambini Community and Others v Minister of Rural Development on Land Reform and Others (LCC) (unreported case no LCC88/2012, […]

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Citizenship dilemma: Denying identity numbers to children of permanent residency holders

By Nokuthula Ndlovu A ‘permanent resident’ is a ‘person having permanent residence status in terms of the Immigration Act’ (South    African Citizenship Act 88 of 1995). The Immigration Act 13 […]

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The expert witness and the art of listening

By Elise Burns-Hoffman There is a striking moment during the café scene in the movie Before Sunset (www.youtube.com, accessed 1-11-2018) in which the leading actress Julie Delpy, playing the role […]

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People Upliftment Programme providing skills development for the disadvantaged

By Stephen Leinberger Social and economic disparity in South Africa (SA) is a pervasive crisis that will take generations to correct. It is not only a matter of public policy, […]

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Variation of consent papers in divorce orders – is this permissible in law?

By James D Lekhuleni Section 7(1) of the Divorce Act 70 of 1979 (the Act), provides that a court may incorporate the spouse’s settlement agreement into the divorce order if […]

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Surrogate motherhood and scaremongering: Is South Africa entering an age of post-truth jurisprudence?

By Dr Donrich Thaldar In world history, 2016 was the year of the Brexit referendum in the United Kingdom and the election of President Donald Trump in the United States. […]

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