Issues

Employment law update – Private arbitration v collective agreement dispute resolution path

The National Bargaining Council for the Road Freight Industry and Another v Carlbank Mining Contracts (Pty) Ltd and Another (LAC) (unreported case no JA52/10, 20-3-2012) (Murphy AJA) By Moksha Naidoo […]

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Employment law update – Discrimination claims

By Talita Laubscher The applicant in Masango v Liberty Group Ltd [2012] 3 BLLR 303 (LC) resigned after she had accused a regional manager of sexually harassing her. She referred […]

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Dividends withholding tax

What the new 15% dividend tax means for small business owners By Nadia Dalvie and Barry Ger Many were surprised when Finance Minister Pravin Gordhan announced, on 22 February 2012, […]

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The law reports – June 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. April […]

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A fine balance to avoid overregulation of hedge funds

By Kerry Kopke South Africa’s hedge fund industry is not large enough to present any systemic risk to its financial industry. Therefore, the need for regulatory oversight to manage systemic […]

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Compliance in bank matters

By Felix Majoni Banks perform a crucial role in every economy. Chief among these are the provision of financing for commercial enterprises, basic financial services to the general public and, […]

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Business rescue and the moratorium on legal proceedings

By Hendrik Beukes This article considers the meaning and effect of the moratorium placed on legal proceedings when a company has launched business rescue proceedings in terms of the new […]

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Scope of the state attorney’s role when acting in the governmental interest

‘It is in the governmental interest to represent organs of state involved in litigation.’ By Ian Gough In terms of s 3(3) of the State Attorney Act 56 of 1957, […]

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Piercing the corporate veil under the New Companies Act

Is s 20(9) read with s 218 a codification of the common law concept or is it further reaching? By Nicolene Schoeman Before the Companies Act 71 of 2008 was […]

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The law of contract, the Consumer Protection Act and medical malpractice law

By Maud Letzler Exclusionary clauses have long formed part of the large volume of contracts that legal professionals deal with on a daily basis. Legal professionals themselves have no doubt […]

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