Feature Articles

A fork in the road: Distinguishing between ‘public’ and ‘private’ roads

By Tim Pearce It is time to put up a ‘stop’ sign and halt the growing misconception that the roads in all private gated community estates are public roads and […]

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Diplomatic immunity: Its nature, effects and implications

By Riaan de Jager Section 15(1) of the Diplomatic Immunities and Privileges Act 37 of 2001 (the Act) creates an offence if anyone obtains or executes any legal process against […]

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Equality for all religions and cultures in the South African legal system

By Ndivhuwo Ishmel Moleya South Africa (SA) is a religious and culturally diverse country where all cultural, religious and other belief systems are accorded equal constitutional protection. However, it can […]

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Share buy-backs and waiver of mandatory offers in terms of the Companies Act

By Basil Kgaugelo Mashabane The purpose of this article is to briefly deal with the mandatory offer requirements in terms of s 123 of the Companies Act 71 of 2008 […]

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Time’s up for employers hiding from sexual harassment settlements

By Kershwyn Bassuday During a recent round table discussion held in London in February, Associate Professor Matteo Winkler of Tax and Law at business school HEC Paris proposed that employers […]

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Decoding s 2(1)(a) and (b) of the Contingency Fees Act

By Gert Nel Section 2 (1)(a) and (b) of the Contingency Fees Act 66 of 1997 (the Act) states: ‘(a) that the legal practitioners shall not be entitled to any […]

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The right to road safety

By Prof Hennie Klopper South Africa is internationally one of the most unsafe countries for road travel (see ‘South African road deaths vs the world’ https://businesstech.co.za, accessed 9-5-2018). Fourteen thousand […]

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A ‘without prejudice’ letter breathes new life into prescribed matter

By Herbert James David Robertson According to South African law, and more specifically in the case of ABSA Bank Ltd v Hammerle Group 2015 (5) SA 215 (SCA), one exception […]

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Reinstatement except when ‘not reasonably practicable’ – a discussion of s 193(2)(c) of the LRA

By Tamsanqa Mila The primary remedy for an unfair dismissal is reinstatement or re-employment, because of the importance of job security in our country. Reinstatement for a dismissed employee means […]

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The risky business of a business rescue practitioner

By Rico van der Merwe and Melandie Buitendag The concept of business rescue was introduced into South African corporate law through the enactment of ch 6 of the Companies Act […]

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