Practice area

Is the secondary role of the NCA preventing a South African financial crisis?

By Munozovepi Gwata In 2008 the world was shocked by what was considered by many, as the worst economic crisis since the Great Depression. The 2008 economic crisis was detrimental […]

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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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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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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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The deductibility of front-end fees

By Pranith Mehta Front-end fees are not defined in the Income Tax Act 58 of 1962 (the Act), however, it is ordinarily construed as a fee payable to the lender […]

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Five basic universal principles applicable in the conduct of a candidate attorney

By Francois Terblanche There are many different cultures in South Africa (SA) and one cannot simply choose one culture as being the appropriate ‘one-size-necessarily-fits-all’ culture for the attorneys’ profession. This […]

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