Archive 2012

Transformation, independence and poor ‘products’ of the LLB

By Judge Phineas Mojapelo The attorneys’ profession occupies an important position in the legal life of society. Yours is a profession that serves most of the time as a point […]

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Employment law update – Discriminating against union employees

Safcor Freight (Pty) Ltd t/a SAFCOR Panalpina v South African Freight and Dock Workers Union (SAFDU) (LAC) (unreported case no DA17/10, 17-9-2012) (Murphy AJA) By Moksha Naidoo The appellant’s branches […]

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Employment law update – Employment equity

By Talita Laubscher Practitioners should note that the Employment Equity Amendment Bill (B31 of 2012) has been published for comment. Among the suggested amendments to the Employment Equity Act 55 […]

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When early-bird creditors may trump the NDPP

By Kara van de Pol The Supreme Court of Appeal has handed down a judgment that will be of interest to creditors of an insolvent company whose assets are subject […]

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More light on contingency fees agreements

Tjatji v The Road Accident Fund (unreported case no 22475/10); Khoza v The Road Accident Fund (unreported case no 4412/06); Mxolisi v The Road Accident Fund (unreported case no 11632/09) […]

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‘Dependants’ action’ extended to heterosexual life partners

Paixão and Another v Road Accident Fund (SCA) (unreported case no 640/11, 26-9-2012) (Cachalia JA) By Nomfundo Manyathi In a recent decision, the Supreme Court of Appeal (SCA) extended the […]

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The law reports – December 2012

David Matlala BProc (University of the North) LLB (Wits) LLM (UCT) LLM (Harvard) HDip Tax Law (Wits) is an adjunct professor of law at the University of Fort Hare. October […]

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Contracting out of liability for gross negligence

By Ian Chadwick Exemption clauses limiting the liability of a carrier and depositee are frequent. They are virtually the norm in the industry. The effect of such exemption clauses has […]

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Dismissing an action for want of prosecution

By Fareed Moosa An inordinate or unreasonable delay in prosecuting any action may constitute an abuse of court process that, in certain narrowly defined circumstances, may justify dismissal of the […]

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Legal recognition for non-nuclear families

Support for unmarried heterosexual partners By Viwe Didishe For a variety of reasons, a large number of South Africans live together in intimate relationships without marrying (B Goldblatt ‘Regulating domestic […]

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