Issues

Employment law update – Employer seeking order of specific performance

Johnson Matthey (Pty) Ltd v Numsa and Others (LC) (unreported case no J515/2011, 24-4-12) (Gush J) By Moksha Naidoo In terms of an arbitration award, the applicant employer, Johnson, was […]

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Employment law update – Rescission

By Talita Laubscher In Builders Trade Depot v CCMA and Others [2012] 4 BLLR 343 (LC) the fourth respondent employee, Naidoo, was dismissed on 1 December 2009 for drinking on […]

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Good news for vendors purchasing properties from non-vendors

By Francois Joubert and Maryke Ungerer Recent changes in tax law have brought good news for value added tax (VAT) vendors who purchase fixed property from non-vendors: A greater benefit […]

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The law reports – July 2012

Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. May 2012 (3) The South African Law Reports (pp 1 – 324); [2012] 2 The All […]

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Does the law provide for punishment in sexual offence cases?

Director of Public Prosecutions, Western Cape v Prins (WCC) (unreported case no A134/08, 11-5-2012) (Blignault J) * By Rodger Mareume On 11 May 2012 the full Bench of the Western […]

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The National Credit Act and s 74 administration orders

By Lebo Raborife-Nchabeleng Administration orders are regulated by ss 74, 74A to 74W of the Magistrates’ Courts Act 32 of 1944. Section 74 provides that an administration order can be […]

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Overview of the Legal Practice Bill

By Kim Hawkey The Legal Practice Bill (B20 of 2012), which has been in the pipeline for more than a decade, is one step closer to implementation after Justice Minister […]

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Q & A with the Director of the Justice Department’s Gender Directorate, Ntibidi Rampete

The Gender Directorate at the Department of Justice and Constitutional Development (the department) was established in March 1997. The directorate’s staff is made up of one director, two deputy directors, […]

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Legality of paying a gratuity to non-striking employees

By Clement Marumoagae The right to strike is a fundamental right enshrined in the Constitution and regulated by the Labour Relations Act 66 of 1995 (LRA). The LRA regulates the […]

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Business rescue practitioners: What role for the legal profession?

By Richard Bradstreet It has been just over a year since the Companies Act 71 of 2008 came into force and companies still appear to be finding their feet with […]

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