Practice area

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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Ethics: Time to reassess legal ethics in the changing environment

By Thomas Harban ‘The sad truth is becoming more and more apparent; our profession has seen a steady decline by casting aside established traditions and canons of professional ethics that […]

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People Upliftment Programme providing skills development for the disadvantaged

By Stephen Leinberger Social and economic disparity in South Africa (SA) is a pervasive crisis that will take generations to correct. It is not only a matter of public policy, […]

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Variation of consent papers in divorce orders – is this permissible in law?

By James D Lekhuleni Section 7(1) of the Divorce Act 70 of 1979 (the Act), provides that a court may incorporate the spouse’s settlement agreement into the divorce order if […]

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Surrogate motherhood and scaremongering: Is South Africa entering an age of post-truth jurisprudence?

By Dr Donrich Thaldar In world history, 2016 was the year of the Brexit referendum in the United Kingdom and the election of President Donald Trump in the United States. […]

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Do protection orders for domestic violence and harassment work?

By Katherine Butler Both the Domestic Violence Act 116 of 1998 (the Act) and the Protection from Harassment Act 17 of 2011 were enacted in order to protect vulnerable members […]

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Review procedure – extent of record on review

Helen Suzman Foundation v Judicial Service Commission 2018 (4) SA 1 (CC) By Sejako J Senatle SC In 2012 the Judicial Service Commission (JSC), established in terms of the Judicial […]

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The battle for Bo-Kaap’s identity

Bo-Kaap Civic and Ratepayers Association and Others v City of Cape Town and Others (WCC) (unreported case no 7031/17, 17-8-2018) (Le Grange J) By Fahdeel Parkar In the recent judgment […]

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Employment law update – Racial discrimination in the workplace

In Shoprite Checkers (Pty) Ltd v Samka and Others [2018] 9 BLLR 922 (LC), an employee referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms […]

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