Feature Articles

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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Is cultural male circumcision compatible with international children’s rights?

By De Niro Koffman The matter of male circumcision has become a contentious issue within the international community insofar as it involves the circumcision of minors. Considering South Africa (SA) […]

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Is South Africa’s anti-money laundering and counter terrorism financing regime effective?

By Nkateko Nkhwashu The Financial Action Task Force’s (FATF) International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation (FATF Recommendations) (www.fatf-gafi.org, accessed 9-4-2018) have been constantly […]

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Amendments of rules in line with constitutional rights to adequate housing

By Michael Lombard The development of the new rules was initiated by jurisprudence when the right to adequate housing (s 26 of the Constitution) was acknowledged in the Jaftha v […]

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A critical evaluation of the RABS Bill and the common law right to delictual claims

By Prof Hennie Klopper In April 2017 the Minister of Transport gave notice in the Government Gazette (GenN 302 GG40788/18-4-2017) of the intention to introduce the Road Accident Benefit Scheme […]

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Access denied: Spoliation as remedy to director denied access to workplace

By Nicholas Mgedeza Legal disputes are cropping up everywhere all the time. This is discernible by the many matters on our court rolls. Let me hasten to say one needs […]

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Organs of state seeking a review of own decision: A question of legality or PAJA?

By Thenjiwe Vilakazi On 14 November 2017, the Constitutional Court (CC) determined for the first time whether the Promotion of Administrative Justice Act 3 of 2000 (PAJA) applies when an […]

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Excessive pricing to the detriment of consumers

By Mfundo Ngobese The definition of ‘excessive price’ in s 1 of the Competition Act 89 of 1998, as amended (the Act), is a price that ‘bears no reasonable relation […]

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