Archive 2013

LSNP denied leave to appeal in CCMA representation challenge

By Nomfundo Manyathi-Jele The Constitutional Court has dismissed the Law Society of the Northern Provinces (LSNP) application for leave to appeal a Supreme Court of Appeal (SCA) judgment. The LSNP’s […]

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NCOP hearings on the Legal Practice Bill expected in early 2014

By Barbara Whittle The Legal Practice Bill, 2012 was passed at a second-reading debate by the National Assembly in Parliament on 12 November 2013. The Bill was then passed to […]

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Lost in Transformation

This is an abridged version of a paper delivered by Johannesburg attorney Mohamed Husain at the Ahmed Kathrada Foundation 2013 annual conference in October 2013, titled Lost in transformation? Reviewing […]

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Calculating loss of support claims

By Ivan Kramer If a dependant is compensated for the loss of support by a breadwinner, does the dependant receive the support that would have been received had the accident […]

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Employment law update – ‘Grossly irregular’ to reduce the Sidumo test

Herholdt v Nedbank Limited (SCA) (unreported case 701/2012, 5-9-2013) (Cachalia and Wallis JJA; Nugent, Shongwe JJA and Swain AJA concurring) By Moksha Naidoo The appellant, Herholdt, a financial advisor, was […]

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Employment law update – The interplay between constructive dismissal and reinstatement

By Talita Laubscher and Monique Jefferson In Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others [2013] 8 BLLR 834 (LC) Steenkamp J was required to […]

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The law reports – November 2013

Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. September 2013 (4) The South African Law Reports (pp 1 – 323); [2013] 3 The All […]

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Freedom of testation – Can a person disinherit a spouse?

By Edrick Roux One of the cornerstones of the law of succession in South Africa is the principle of freedom of testation. One of the ideas behind it is that […]

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Cracks in the wall – What recourse does a subsequent purchaser have?

By Jason Mitchell The scenario should be all too familiar: A client purchased a house and it transpires that the foundations are riddled with structural defects caused by negligent building. […]

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Is behind bars better? – Non-custodial sentencing holds the key

By Regan Jules-Macquet Non-custodial sentencing (NCS) has been on the South African statute books for decades. In ch 28, s 276, the Criminal Procedure Act 51 of 1977 permits alternatives […]

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