Archive 2013

Employment law update – Affirmative action

By Talita Laubscher and Monique Jefferson In Naidoo v Minister of Safety and Security and Another [2013] 5 BLLR 490 (LC), the respondent had an employment equity plan (the plan) […]

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Clearance certificates – Does the municipality’s lien survive the transfer?

City of Tshwane Metropolitan Municipality v Mathabathe and Another 2013 (4) SA 319 (SCA) By Barry Cloete The question whether a municipality’s lien survives the transfer was put to counsel […]

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The law reports – September 2013

Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. July 2013 (4) The South African Law Reports (pp 1 – 318); [2012] 2 The All […]

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Retiring beyond the normal or agreed age

By Leicester Adams As an employer, one is often faced with a situation in which an employee has reached retirement age, but is still willing and able to continue wor­king […]

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Preparing for the future – University law clinics training candidate attorneys

By Clement Marumoagae University law clinics play an important role in training law graduates for the legal profession. Law clinics are traditionally understood to have two main objectives: Teaching law […]

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Weighing the risk – Revisiting various risk-mitigating mechanisms

By Ntupang Magolego Almost all human actions or activities have the potential to bring about damage and/or loss. In contract law, there are various mechanisms avai­l­able that serve to reduce […]

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Pension interest and divorce – K v K and Another – a critique

By Johann Davey The appellant and the first respondent in K v K and Another [2013] JOL 30037 (WCC) were married in community of property during 1978 and divorced on […]

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Non-existent plaintiff – Dealing with misdecriptions in citations

By Fareed Moosa In HUV Cape Spice v Hotspice Sauces CC (WCC) (unreported case no 22227/2010, 10-5-2011) (Louw J) the respondent, Hotspice, was placed under provisional liquidation. This order was […]

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State Liability Amendment Act – Process of attachment

By Mabitsela Elijah Ramonyai In terms of s 3 (2) of the State Liability Amendment Act 14 of 2011 (SLAA),  that came into operation on 30 August 2011, the state […]

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The efforts standards – How hard should you try?

By Michele van Eck The purpose of commercial contracts is to record the obligations of one party in relation to another. These obligations should be set out with some level […]

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