Issues

High Court challenges SCA’s interpretation of simulated transactions

By Barry Ger Readers may recall an article in 2011 (Apr) DR 43 that considered the contentious Supreme Court of Appeal (SCA) case Commissioner for the South African Revenue Service v […]

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Employment law update – Onus of proof in automatically unfair dismissals

By Talita Laubscher The Labour Appeal Court (LAC) had the opportunity to consider the onus of proof in automatically unfair dismissal cases in State Information Technology Agency (Pty) Ltd v […]

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Unconstitutionality of s 89(5)(c) of the National Credit Act

National Credit Regulator v Opperman and Others (CC) (unreported case no CCT 34/12, 10-12-2012) (Van der Westhuizen J) By Mapula Sedutla At issue in the Opperman case was whether s […]

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Freedom of testation v public policy

Ex Parte: BoE Trust Ltd NO and Others (SCA) (unreported case no 846/11, 28-9-2012) (Erasmus AJA) By Mapula Sedutla The recent BoE Trust case tested freedom of testation against public […]

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The law reports – January/February 2013

Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. November 2012 (6) The South African Law Reports (pp 1 – 328); [2012] 4 The All […]

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Two for one – Duplicate convictions for one crime

By Michael Miller The recent case of S v Dlamini 2012 (2) SACR 1 (SCA) highlighted divergent views on the test for a duplication of convictions in a criminal matter. […]

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Protection of Personal Information Bill – what it means for law practices

By Manie Bezuidenhout The enactment of the Protection of Personal Information Bill (B9B of 2009) (POPI) is imminent and is expected to become effective in early 2013. The draft Bill […]

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The Consumer Protection Act and five common law principles

By Sarah-lynn Tennant and Vuyokazi Mbele There are no formalities in terms of the common law for entering into any contract. However, where the parties agree to such formalities, or […]

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New certificate requirement for electric fence systems

By Carol McDonald It is important for practitioners dealing with a change of ownership of immovable property to be aware of the latest developments in terms of the Occupational Health […]

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A bridge too far – Conveyancers and simulated credit transactions

By Jerome Veldsman Commercially and financially, a discounting agreement and a loan agreement can be substantially similar, but they are distinct legal phenomena. A discounting agreement is not a credit […]

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