Practice Notes

Maintenance Act: May the prosecution decline to prosecute a s 31(1) matter?

By Marlene Lamprecht Section 31(1) of the Maintenance Act 99 of 1998 creates the offence of failing to make payment in accordance with a maintenance order. Section 31(1) states: ‘Subject […]

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Litigation costs in constitutional matters

By Luyolo Ntikinca and Sihlulelwe Reward Nxumalo The Constitution makes provision for a Bill of Rights. The Bill of Rights is the cornerstone of democracy in South Africa (SA). It […]

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The need to use reliable independent third-party sources during customer identification and verification within the risk-based approach system

By Nkateko Nkhwashu The Financial Intelligence Centre Amendment Act 1 of 2017 (the Amendment Act) introduces a risk-based approach (RBA) to customer identification and verification (or Customer Due Diligence as […]

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Trustee duties in relation to member investor choice

By Muhammed Ahmed Mayat This article aims to address the issue of trustee duties in the case of member investor choice. Focus is placed on the direct impact of member […]

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Conflicting evidence of handwriting experts

By Jannie Bester Experts or so-called experts come in many guises, from handwriting analysts, signature analysts, document analysts, handwriting and signature experts, document experts, graphologists, grapho-analysts, etcetera. When starting the […]

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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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