Practice Notes

CIPC to introduce Substantive Search and Examination

By Bheki Zulu, Maanda Phosiwa, Mehluli Ncube The much anticipated draft Intellectual Property (IP) Policy has been published by the Department of Trade and Industry (DTI). The draft IP Policy […]

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Dismissed by a foreign diplomatic mission: Are South African locally recruited employees without an effective remedy?

By Riaan de Jager Imagine being approached for advice by Ms X, a locally recruited secretary of the Ambassador of Argentina, or by Mr Y, the chauffeur of the Executive […]

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Why the need for confidentiality on the content of Suspicious Transaction Reports?

By Nkateko Nkhwashu The Financial Intelligence Centre (the Centre) was established by the Financial Intelligence Centre Act 38 of 2001 (the Act). The Centre’s key functions, among others, is to […]

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The dilemma of appropriation of payment: Drawing the line between the common law and the law of contract

By Jason Olifant and Odwa Golela A company is faced with quite a dilemma in a scenario where payment has been tendered by a debtor, but the debtor, however, has […]

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Legal professional privilege and Internet hacking

By Daniël Eloff During the past ten years, the world has seen an increase in the number of high profile data hacks. The Panama Papers clearly show the far reaching […]

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Municipal account – landlord beware

By Heather Marsden As a landlord, are you keeping track of your tenant’s municipal accounts? Do you know if they are in arrears? Do you know how many municipal accounts […]

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The National Consumer Commission’s planned opt-out registry

By Madeleine Truter Section 11(3) of the Consumer Protection Act 68 of 2008 (CPA), read together with reg 4(3)(g) of the regulations gazetted in terms of s 120(1) of the […]

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Section 198 of the Criminal Procedure Act: Marital privilege or unfair discrimination on ground of marital status?

By Delano Abdoll While the privilege against disclosing marital communications has long been a topic of debate, the question that has yet to be answered is whether such a privilege […]

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No two accountable institutions are the same: The Financial Intelligence Centre Amendment Act 2017’s risk-based approach for the legal profession

By Nkateko Nkhwashu Practicing attorneys, as defined in terms of s 1 of the Attorneys Act 53 of 1979, form part of a list of institutions which are termed ‘accountable […]

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Experiences as a mentor for the LEAD SA/Irish Rule of Law Mentorship Programme

By Ian Jacobsberg I had the privilege of acting as mentor for the Commercial Law Programme run jointly by the Law Society of South Africa’s (LSSA) Legal Education and Development […]

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