Archive 2020

People and practices – July 2020

Compiled by Shireen Mahomed Stegmanns Inc has appointed Marlise van Reede van Oudtshoorn and Louise Cloete as professional assistants. Ms van Reede van Oudtshoorn has been appointed in the General […]

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Commencement of certain sections of the Protection of Personal Information Act

On 22 June President Cyril Ramaphosa announced the commencement of certain sections of the Protection of Personal Information Act 4 of 2013 (POPIA), which aims to – promote the protection […]

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Letters to the editor – July 2020

PO Box 36626, Menlo Park 0102 Docex 82, Pretoria E-mail: derebus@derebus.org.za Fax: (012) 362 0969 Letters are not published under noms de plume. However, letters from practising attorneys who make their identities […]

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The increased importance of maintaining proper and accurate trust accounting records

It is common knowledge that attorneys practising for own account, either as a director, partner or sole practitioner and s 34(2)(b) advocates are required in terms of s 86 of […]

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What happens to a permanent replacement employee when the dismissed employee wins their case of unfair dismissal against the employer?

It is not unusual when an employee has been dismissed and the employee is still challenging such a dismissal through the relevant fora that the employer then fills the vacancy. […]

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Business rescue proceedings – the other side of the coin

In the uncertain economic times that South Africa (SA) is facing, combined with the financial strain that the worldwide COVID-19 pandemic is placing on most businesses, business rescue will unfortunately […]

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Walking a tightrope: The business rescue practitioner’s challenge of serving competing interests

The legal framework for business rescue was introduced to South African law with the promulgation of the Companies Act 71 of 2008 (the Companies Act) to ‘provide for the efficient […]

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COVID-19: Force majeure and the effect it has on rental contracts

COVID-19 will have far-reaching ramifications for South Africa (SA). In order to ‘flatten the curve’, the President, Cyril Ramaphosa, duly advised by his cabinet, declared a total lockdown in order […]

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Surrogacy and the courts’ criteria for being suitable

Surrogacy agreement confirmation applications have become voluminous. This is often caused by the extensive nature of the clinical psychologist’s report on the suitability of the intended surrogate mother. The reason […]

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Striking a balance in bail proceedings – how does a court determine bail in the interest of justice?

The ‘interest of justice’ principle would be meaningless and ineffective without the court carrying out its legislative duties of ensuring that a balance is struck in each and every bail […]

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