September 2020

The circular definition: Sars’ civil judgment for recovery of tax debt

In a string of recent judgments dealing with the South African Revenue Service (Sars) appointing agents to collect outstanding tax debts, the case of Barnard Labuschagne Inc v SARS and […]

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Simultaneous or separate: A relook at Absa v Mokebe and the provision for hearing monetary judgment and executability applications simultaneously or separately

The execution process in South Africa (SA) has always followed five simple steps, namely – sending a letter of demand; serving a summons; granting a monetary court order; obtaining a […]

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The slow rise of women in the legal profession

By Patrick Bracher When I read that the United Kingdom (UK) is celebrating a centenary of women being able to enter the legal profession in 2020 it got me thinking […]

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The fine line between freedom of expression and hate speech

There is a fine line between the freedom of expression and expression that constitutes hate speech. In our society there is a constant battle as to what can and cannot […]

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The fall of SAA: A wage increase demand during economic strain

On 15 November 2019, a strike instituted by the National Union of Metalworkers of South Africa (NUMSA) and the South African Cabin Crew Association (SACCA) began at South African Airways […]

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Confirmation or rubber stamping? Understanding the surrogate motherhood agreement requirements

Surrogacy can be described as a woman (the surrogate mother) carrying a foetus for a couple or a single parent (the commissioning parents) until the birth of the child (Caroline […]

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Are the stringent COVID-19 lockdown regulations unconstitutional and unjustifiable?

On 15 March, the South African government declared a national state of disaster in terms of the Disaster Management Act 57 of 2002 (the Act). On 23 March, President Cyril […]

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The reach of the Constitutional Court: Piecemeal litigation and the principle of res judicata

The simple difficulty with the plenary jurisdiction argument is that it avoids the most important word in s 167(3)(b)(ii) of the Constitution, viz ‘if’. In short, the conditional clause ‘if’ […]

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Fighting with your shadow – understanding the concept of non-executive and shadow directors

Before I discuss the concept of a shadow director and a non-executive director, I must first explain what a director is. Section 66 of the Companies Act 71 of 2008 […]

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Employee safety during COVID-19: When does an imminent and serious risk exist?

The Minister of Employment and Labour issued the Consolidated Direction (the Direction) on Occupational Health and Safety Measures in Certain Workplaces on 4 June. Clauses 48 to 56 of the […]

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