Feature Articles

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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Recovery of overpaid salaries – what’s fair?

By Brenda Wardle Questions are frequently asked about the correctness and constitutionality of deductions made by an employer following erroneous payments of salaries and/or benefits and, in the case of […]

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‘Divorce’ of cohabitees: Can pension benefits be shared?

By Deborah Escott-Watson It is becoming increasingly common for people to eschew the traditional concept of marriage and instead opt to cohabit without getting married. As the Domestic Partnership Bill […]

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Choosing the right expert in a medical negligence case

‘How do you ensure that the opinion of your expert is favourably considered?’ By Maud Letzler As the sun sets on personal injury law as we know it in South […]

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Continuing professional development on its way

By Nomfundo Manyathi The Law Society of South Africa (LSSA) will soon be introducing continuing professional development (CPD) for attorneys. CPD is the ongoing process of knowledge and skills transfer, […]

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Child maintenance after a parent’s death

By Themba Alfred Ndaba Parenthood automatically results in the obligation of a parent to support a child (DSP Cronje and J Heaton South African Family Law 2ed (Durban: LexisNexis 2004) […]

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Impact of the Consumer Protection Act in the health care context

By Pat van den Heever Imagine the following scenario: Patient A presents himself at the rooms of Dr F, a specialist physician. Patient A has been referred to Dr F […]

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