July 2018

Diplomatic immunity: Its nature, effects and implications

By Riaan de Jager Section 15(1) of the Diplomatic Immunities and Privileges Act 37 of 2001 (the Act) creates an offence if anyone obtains or executes any legal process against […]

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Equality for all religions and cultures in the South African legal system

By Ndivhuwo Ishmel Moleya South Africa (SA) is a religious and culturally diverse country where all cultural, religious and other belief systems are accorded equal constitutional protection. However, it can […]

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Share buy-backs and waiver of mandatory offers in terms of the Companies Act

By Basil Kgaugelo Mashabane The purpose of this article is to briefly deal with the mandatory offer requirements in terms of s 123 of the Companies Act 71 of 2008 […]

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Time’s up for employers hiding from sexual harassment settlements

By Kershwyn Bassuday During a recent round table discussion held in London in February, Associate Professor Matteo Winkler of Tax and Law at business school HEC Paris proposed that employers […]

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The law reports – July 2018

May 2018 (1) South African Law Reports (pp 1 – 330); [2018] 2 All South African Law Reports April (pp 1 – 309) This column discusses judgments as and when […]

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Discrimination: The unfortunate tale of an ‘affirmative action’ candidate

Chowan v Associated Motor Holdings (Pty) Ltd and Others [2018] 2 All SA 720 (GJ) By Henry Ngcobo and Nicole Deokiram Despite 24 years of democracy and progressive South African […]

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Evolution of Customary Marriages

Ramuhovhi and Others v President of The Republic of South Africa and Others 2018 (2) SA 1 (CC) By Janus Olivier One of the reasons for the enactment of the […]

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New legislation – July 2018

Legislation published from 25 April – 30 May 2018 Bills Basic Conditions of Employment Amendment Bill B30A of 2017. Communal Property Associations Bill B12A of 2017. Communal Property Associations Bill […]

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Employment law update – Double jeopardy

In Mahlakoane v South African Revenue Service [2018] 4 BLLR 337 (LAC), the employee, while living with her husband and two minor children, applied for and received child support grants […]

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Employment law update – Reinstatement – a judgment debt for future earnings

Seriti Coal (Pty) Ltd v National Union of Mineworkers obo Moyake and Others (LC) (unreported case no J1425/18, 11-5-2018) (Mashosi J). In a situation where an employee is awarded reinstatement […]

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