Opinions

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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Standard suretyship wording is enforceable

By Patrick Bracher I refer to the article by Robert dos Santos ‘The lazy man’s suretyship: Are unlimited debts of limited application?’ (2015 (Sept) DR 26). I believe that it […]

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Cabinet approval of s 100 intervention by the department of human settlements in the Nelson Mandela Bay Metropolitan Municipality

By Brenda Wardle This article is primarily aimed at examining whether the s 100 intervention approved by Cabinet earlier this year, and confirmed among others, by the Department of Cooperative […]

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The use of emolument attachment orders, jurisdiction and forum shopping under the spotlight

By Bouwer van Niekerk Much has been written in the press and elsewhere about the recent judgment of University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice […]

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Business rescue plan not published timeously

By Tobie Jordaan Section 150(5) of the Companies Act 71 of 2008 (the Act) requires a business rescue practitioner to publish a business rescue plan within 25 days after the […]

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Marine 3 v Afrigroup: Patent utility interpreted by the Supreme Court of Appeal

By Bryce Matthewson It is a basic tenet of patent law that an invention must have utility in order to be capable of patent protection. This principle is recognised by […]

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Can I protect my mobile app idea?

By Danie Pienaar The current boom in the development of smart device technologies and mobile applications (apps) during the last few years has created an amazing platform for entrepreneurs to […]

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