August 2018

Nurturing the land: Is it necessary to amend s 25 of the Constitution for land reform?

By Kevin Hopkins and Carl Adendorff The Constitutional Review Committee recently called on the public to comment on whether s 25 needs to be amended to allow for the expropriation […]

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Road Accident Fund ‘direct claims’ versus public interest

                    By Gert Nel The Road Accident Fund (RAF) proudly runs a campaign called ‘RAF on the Road’, which forms part […]

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The effect of the Oudekraal principle on the rule of law

                              By Ndivhuwo Ishmel Moleya Lord Denning once famously said: ‘If an act is void, then […]

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Unscrambling the General Data Protection Regulation

By Daniël Eloff At the beginning of 2012 the European Commission started with the process to reform the data protection framework in the European Union (EU). As part of these […]

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A fork in the road: Distinguishing between ‘public’ and ‘private’ roads

By Tim Pearce It is time to put up a ‘stop’ sign and halt the growing misconception that the roads in all private gated community estates are public roads and […]

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The law reports – August 2018

June 2018 (3) South African Law Reports (pp 335 – 661); [2017] 1 All South African Law Reports January (pp 1 – 312); [2018] 2 All South African Law Reports […]

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Appraisal rights of minority shareholders in a holding company, in relation to the subsidiary of the holding company

Cilliers v LA Concorde Holdings Limited and Others (WCC) (unreported case no 23029/2016, 14-6-2018) (Papier J) By Marvin Petersen In the recent judgment of Cilliers v LA Concorde Holdings Limited […]

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Racial references met with disapproval

Rustenburg Platinum Mine v SA Equity Workers Association on behalf of Bester and Others (2018) 39 ILJ 1503 (CC) By Nadia Froneman The case of Rustenburg Platinum Mine v SA […]

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Promotion of constitutional rights and fair labour practices

September and Others v CMI Business Enterprise CC 2018 (4) BCLR 483 (CC) By Njabulo Kubheka The applicants in this case were Theo September,  Dean September and  Roland Paulsen who […]

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The tax and exchange control implications of cryptocurrency transactions

By Robert Gad, Megan McCormack and Jo-Paula Roman In an opinion of the European Central Bank, the Banking Authority defined virtual currency (cryptocurrency) as ‘a digital representation of value that […]

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