Opinions

Customary marriage as dealt with in Mxiki v Mbata in re: Mbata v Department of Home Affairs and Others (GP) (unreported case no A844/2012, 23-10-2014) (Matojane J)

By Sipho Nkosi This is an appeal which was heard in the North Gauteng High Court, Pretoria, on the 23 October 2014. Teffo J had granted an order in favour […]

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Separation of powers is not constitutional Kryptonite

By Megan Badenhorst In 1748 that Baron de Montesquieu published ‘De L’Esprit des Lois’ (the Spirit of the Laws) in which he proposed the doctrine of the trias politica or […]

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Public interest versus the interest of justice

By Mahlodi Sam Muofhe Judge Thokozile Masipa has pronounced her sentencing in a trial that has gripped the country since the events which took place on Valentine’s Day in 2013, […]

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Is theft a competent verdict on a charge of fraud?

By Michael Miller In the case of Kok v S (WCC) (unreported case no 14552, 2-7-2014) (Henney J), the accused had been charged with fraud. It was alleged that he […]

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Failing the objectives of the MPRDA

By Malusi Mkhize On 23 June 2014, the longest mining sector strike in South African history ended when the Association of Mineworkers and Construction Union (AMCU) accepted a revised wage […]

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Security clearances before appointing the National Prosecuting Authority

By Brenda Wardle On 5 July 2014 President Jacob Zuma announced that, after careful consideration of all matters, he had decided to institute an inquiry into whether or not the […]

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The role of candidate attorneys in the legal profession

By Clement Marumoagae The purpose of this article is to acknowledge the launch, in October last year, of a forum for candidate attorneys, ‘The Candidates’ (the forum). The formation of […]

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An idiot’s guide to Incoterms

By Derrick Kaufmann When companies conclude agreements to buy and sell goods across borders, there are certain minimum prescribed terms that need to be included in these agreements in order […]

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The Road Accident Fund Act 56 of 1996 and serious injuries

By Leslie Kobrin The Road Accident Fund Amendment Act 19 of 2005 came into effect on 1 August 2008. The provisions discussed in this article affect persons injured in motor […]

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Ghostwriting: The key that will open courtroom doors?

By Izette Knoetze Most people cannot afford comprehensive legal assistance. Those in need of legal assistance are grateful for any assistance they can get and are willing to pay what […]

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