Issues

The law reports – August 2012

David Matlala BProc (University of the North) LLB (Wits) LLM (UCT) LLM (Harvard) HDip Tax Law (Wits) is an adjunct professor of law at the University of Fort Hare. June […]

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Tax update

By Barry Ger Commissioner for the South African Revenue Service v Tradehold Ltd (SCA) (unreported case no 132/11, 8-5-2012) (Boruchowitz AJA) A tax case that was discussed in the 2011 […]

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Incidental use in South African copyright law

Guidelines from overseas case law By Wim Alberts An ‘artistic work’ as envisaged in the Copyright Act 98 of 1978 (the Act) can relate to a number of works, such […]

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Debt counselling: Challenge and proposed solution

By Brett Bentley It has been over five years since the full implementation of the well-intentioned National Credit Act 34 of 2005 (NCA). However, despite its good intentions, some debtors […]

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Parental rights and responsibilities, guardianship and same-sex parents

By Tshepo Confidence Mashile The issue of parental rights and responsibilities in respect of a same-sex relationship was dealt with in the recent judgment of CM v NG (WCC) (unreported […]

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Q & A with Public Protector Thuli Madonsela – Part one

Public Protector Thuli Madonsela became South Africa’s third Public Protector in October 2009 following a 100% vote in her favour by parliament. The mandate of the Public Protector is to […]

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Consumer protection now debtor protection? Acknowledgments of debt and the National Credit Act

By Brendon Hess In Carter Trading (Pty) Ltd v Blignaut 2010 (2) SA 46 (ECP) the Eastern Cape High Court in Port Elizabeth concluded that an acknowledgment of debt (AOD) […]

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Piercing the corporate veil ‘Unconscionable abuse’ under the Companies Act 71 of 2008

By Rehana Cassim Until recently, South Africa did not have a provision in the Companies Act that gave a court general discretion to pierce the corporate veil. Now, under the […]

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Checklist for leave to appeal to the Supreme Court of Appeal

By Sechaba Mohapi It is trite that an automatic right to appeal no longer exists, especially in the High Courts. The current legal position is that parties wishing to appeal […]

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LSSA and GCB seek extension in hope of making uniform submissions on Legal Practice Bill

By Barbara Whittle At a meeting in Johannesburg on 7 July 2012, the Law Society of South Africa (LSSA) Manco and the executive of the General Council of the Bar […]

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