Issues

Revisiting the term ‘community’ in the South African context

By Udo Richard Averweg and Professor Marcus Leaning The recent Land Claims Court (LCC) matter, Elambini Community and Others v Minister of Rural Development on Land Reform and Others (LCC) (unreported case no LCC88/2012, […]

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Citizenship dilemma: Denying identity numbers to children of permanent residency holders

By Nokuthula Ndlovu A ‘permanent resident’ is a ‘person having permanent residence status in terms of the Immigration Act’ (South    African Citizenship Act 88 of 1995). The Immigration Act 13 […]

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The expert witness and the art of listening

By Elise Burns-Hoffman There is a striking moment during the café scene in the movie Before Sunset (www.youtube.com, accessed 1-11-2018) in which the leading actress Julie Delpy, playing the role […]

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The law reports – December 2018

October 2018 (5) South African Law Reports (pp 323 – 660); September [2018] 3 All South African Law Reports (pp 409 – 743); 2018 (8) Butterworths Constitutional Law Reports – […]

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To prove or not to prove? Novus actus interveniens in third-party claims

Van der Merwe v RAF (GP) (unreported case no 42358/15, 16-3-2018) (Ranchod J) By Tshepo Mashile Novus actus interveniens is a Latin legal phrase, which describes an important principle in criminal […]

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‘Mlungu’ vs ‘Boer’ – context is everything

National Union of Metalworkers of South Africa obo Simons and Others v National Glass Distributors [2015] 11 BALR 1137 (MEIBC) and Duncanmec (Pty) Ltd v Gaylard NO and Others (CC) […]

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How to deal with the legal forms in a parenting plan and the Family Advocate’s requirements with child participation

By Chris Maree Parenting plans are a child focused alternative dispute resolution process mandated by legislation, to assist the holders of parental responsibilities and rights to coordinate and regulate the […]

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New legislation – December 2018

Legislation published from 1 – 31 October 2018 Bills Competition Amendment Bill B23A of 2018. Competition Amendment Bill B23B of 2018. Child Justice Amendment Bill B32 of 2018. Electoral Laws […]

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Employment law update – Discrimination based on an arbitrary ground

In Chitsinde v Sol Plaatje University [2018] 10 BLLR 1012 (LC), the applicant was employed by the National Institute of Higher Education (NIHE) as an asset and fleet management officer. […]

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Employment law update – An ex-employee refers an unfair labour practice dispute

Section 186(2) of the Labour Relations Act 66 of 1995 (LRA), defines an ‘unfair labour practice’ as ‘any unfair act or omission that arises between an employer and an employee’. […]

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