Practice Notes

A fly in the ointment: The headaches caused by s 59(3) of the Medical Schemes Act

It is often stated that the medical aid industry is prone to abuse by members and health practitioners because payments for services rendered are made in good faith. In recent […]

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The Madrid High Court of Justice found that Glovo’s gig (contract) workers are not independent contractors but employees

The Madrid High Court of Justice found that riders (drivers) of Glovo – a Spanish on-demand courier service that purchases, collects and delivers products ordered by consumers through its mobile […]

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A victory for parents and children – the commencement of the amendments to the Basic Conditions of Employment Act

Prior to the amendments to the Basic Conditions of Employment Act 75 of 1997 (BCEA), an employee, who did not qualify for maternity leave was only entitled to three days […]

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Using a risk-based approach to combat money laundering and terrorist financing

By the Financial Intelligence Centre As accountable institutions listed in sch 1 of the Financial Intelligence Centre Act 38 of 2001 (FIC Act), legal practitioners are required to apply a […]

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A consideration of r 46A(9) and the setting of court set reserve prices for sales in execution

By Ciresh Singh Over the years there has been much concern about the lack of governance surrounding the sale in execution process. Several courts and academics have expressed concern that […]

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The regional court’s jurisdictional limitation to grant contempt of court in divorce matters

The former divorce court established under s 10(4) of the Administration Amendment Act 9 of 1929 was repealed on 15 October 2010. Consequently, regional courts were seized with jurisdiction. The […]

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The difference between a non-profit company and a non-profit organisation

The idea of giving and helping others (charity) has been around since the beginning of time. Unfortunately, with the passing of time, and as humans became more evolved, charitable organisations […]

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Costs do not follow the result in labour matters

In Long v South African Breweries (Pty) Ltd and Others [2019] 6 BLLR 515 (CC) the employee, following his suspension, was dismissed by his previous employer, South African Breweries (Pty) […]

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The Financial Services Tribunal is ready for action

The Financial Sector Regulation Act 9 of 2017 (the Act) establishes the independent Financial Services Tribunal (the Tribunal) in terms of s 219 thereof. The Tribunal replaced the Financial Services […]

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Notes on modulated legal drafting

By Muhammed Ahmed Mayat There are numerous distinct constituents to fine legal drafting, however, its singular nub is located squarely within utilitarianism’s ambit. Beneath the skilled craftsman’s calculated literary ornamentation […]

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