Archive 2016

Letters of engagement – documenting the ambit of the instruction given to the attorney

By Thomas Harban In previous articles that have been published by the Attorneys Insurance Indemnity Fund NPC (the AIIF) in the Risk Alert Bulletin and elsewhere, we have set out […]

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Young attorneys as brands

By Kim Pietersen The expression, ‘starting at the bottom of the food chain’, is a familiar tune to any candidate attorney. Having just graduated from law school, one steps into […]

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Protection of ‘minority shareholders’ from oppressive or prejudicial conduct under s 163 of the Companies Act: Has anything really changed?

By Siphephelo Mbuli The Companies Act 71 of 2008 (the Act) regulates the legal relationship between the company, as a separate legal entity with its own legal persona (s 19(2)) […]

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The effect of the ‘once empowered always empowered’ rule on the mining industry

By Dineo Peta The debate around the ‘once empowered always empowered’ rule arose once again following the publication of the draft Reviewed Broad-Based Black Economic Empowerment Charter for the South […]

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When does it amount to a credit transaction?

By Jonathan Robert Hol Some months ago I came across an interesting decision of the Supreme Court of Appeal (SCA) in Vesagie NO and Others v Erwee NO and Another […]

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Estate planning and divorce: Making a spousal donation

By Edrick Roux ‘Usually, there should be substance to any “void” movement so that you won’t be defeated. It will amount to useless adventure if there is no solid backing’ […]

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Detention without consent: Protection of mentally ill person’s financial interest

By Moffat Ndou Section 9(1)(c)(iii) of the Mental Health Care Act 17 of 2002 (MHCA) provides that a health care provider or a health establishment may provide care, treatment and […]

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The law reports

September 2016 (5) South African Law Reports (pp 1 – 332); [2016] 2 All South African Law Reports June (pp 633 – 932); [2016] 3 All South African Law Reports […]

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Beware of a second bite at the cherry

Nexus Forensic Services (Pty) Ltd v Chief Executive Officer of the South African Social Security Agency and Others (GP) (unreported case no 14708/2015, 21-6-2016) (Van Niekerk AJ) By Theo Steyn […]

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Moving beyond Edcon: Inferring breakdown in trust relationship where no evidence led to support that claim

Easi Access Rental (Pty) Ltd v Commissioner for Conciliation, Mediation and Arbitration and Others (unreported case no JR 385/14, 10-12-2015) (Molahlehi J) By Saber Ahmed Jazbhay Even though no evidence […]

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