Practice area

Adapting to and adopting technology: Future proofing your law firm

In the article by Emmie de Kock ‘Are you building a law firm of the future?’ 2018 (May) DR 20, Ms de Kock highlighted some of the external factors and […]

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The Financial Services Tribunal is ready for action

The Financial Sector Regulation Act 9 of 2017 (the Act) establishes the independent Financial Services Tribunal (the Tribunal) in terms of s 219 thereof. The Tribunal replaced the Financial Services […]

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Notes on modulated legal drafting

By Muhammed Ahmed Mayat There are numerous distinct constituents to fine legal drafting, however, its singular nub is located squarely within utilitarianism’s ambit. Beneath the skilled craftsman’s calculated literary ornamentation […]

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A new future for family law: Significant changes to r 43 applications

On 12 June, the Gauteng Local Division of the High Court in Johannesburg (GJ) delivered a Full Bench judgment relating to r 43 applications. This judgment brings about significant changes […]

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Adding fuel to the fire – what is the remedy to curb violent strikes?

Section 23(2)(c) of the Constitution guarantees the right of workers to strike. Chapter IV of Labour Relations Act 66 of 1995 (LRA) facilitates the exercise of this fundamental right in […]

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Unlocking the issue: When to arrest without a warrant when a dangerous wound is inflicted

In practice, a police officer may arrest a suspect with or without a warrant. In the latter instance only when there are prescribed jurisdictional factors, prior to effecting an arrest. […]

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Jumping from one retirement fund to a rival: Can it be done during your period of employment?

The Supreme Court of Appeal (SCA) in Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others [2016] 4 All SA 761 (SCA) at para 1, highlighted […]

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What is the ‘law of the land’ when dealing with hearsay evidence during arbitration proceedings

Exxaro Coal (Pty) Ltd v Chipana and Others (LAC) (unreported case no JA161/17, 27-6-2019) (Coppin JA (Murphy and Savage AJJA concurring)) In the recent judgment of Exxaro Coal (Pty) Ltd […]

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Children need to be protected by s 12(1)(c) of the Constitution

  Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (CC) (unreported case no CCT320/17, 18-9-2019) (Mogoeng CJ) (unanimous) The Constitutional Court (CC) was tasked […]

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Employment law update – Compensation for substantively unfair dismissal where reinstatement is not appropriate

In United National Transport Union obo Schrenk v Levy NO and Others [2019] 9 BLLR 970 (LC), an employee was dismissed after relaying an idiom that compared his subordinates to […]

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