Opinions

The ‘intrusive’ Financial Intelligence Centre Amendment Bill 2015

By Nkateko Nkhwashu Gaps have been noted within the Financial Intelligence Centre Act 38 of 2001 (FICA). This was through a peer review exercise or mutual evaluation done by the […]

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Candidate attorneys finding the first rung on the corporate ladder

By Matthew Schoonraad The prerequisites to becoming a proficient director at an upmarket corporate law firm usually includes years of experience as an associate, time spent in court or at […]

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Medical malpractice: The other side

By Patrick van den Heever There has been a sharp increase in both the number and value of medical negligence claims in South Africa (SA). Medical malpractice liability is incurred […]

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Noise in Parliament: The right to make opposition

By Saul Leal ‘I will not cause the arrest of any colleague, no matter the level of my irritation,’ said Deputy Chief Justice Dikgang Moseneke, by introducing the debate on […]

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Cleaning up the unclaimed benefit industry – addressing issues of complexity

By Carmen Schubert In an attempt to tackle the pertinent issue of the unclaimed benefit ‘black hole’, where insurers and administrators lack incentive to trace beneficiaries and pay out unclaimed […]

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Cleaning up the unclaimed benefit industry – the FSB’s unclaimed benefit bugbear

By Carmen Schubert The issues within the broader pension fund industry surrounding unclaimed benefits remain a major bugbear for the Financial Services Board (FSB). As such, the regulator continues to […]

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The cedent, the cessionary and the moratorium – quo vadis?

By Bouwer van Niekerk and Shani du Plooy A business (the company) borrows money from a credit provider (the bank) in order to finance its day-to-day operations (the debt). In […]

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Oscar Pistorius and s 276(1)(i) placement on correctional supervision

By Brenda Wardle In S v Pistorius (GP) (unreported case no CC113/2013,12-9-2014) (Maspia J), Masipa J sentenced Oscar Pistorius to a five year imprisonment term pursuant to the provisions of […]

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Optional features in a patent claim

By Yogani Naicker In patent law, the claims of the patent define the scope of protection afforded to a patentee, and for this reason the claims must ‘define with clarity […]

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Why a Constitutional Court appeal for Oscar Pistorius may succeed

By David Jesse What is a constitutional matter? Any matter, which is raised in terms of s 38 of the Constitution and raises a question regarding the enforcement, protection and […]

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