Archive for February, 2013

Suretyship and debt review

x Bookmark By Nthupang Magolego The debt review phenomenon has sparked much controversy and debate in the legal fraternity and the credit industry at large. Another point that could soon […]

Read more

Debt collection practitioners – the biggest threat to debt collection practices

x Bookmark By Peter Rafferty The old joke goes that 95% of lawyers give the other 5% a bad name. Although this may hold true in many scenarios, this desperate […]

Read more

High Court challenges SCA’s interpretation of simulated transactions

x Bookmark By Barry Ger Readers may recall an article in 2011 (Apr) DR 43 that considered the contentious Supreme Court of Appeal (SCA) case Commissioner for the South African Revenue […]

Read more

Employment law update – Onus of proof in automatically unfair dismissals

x Bookmark By Talita Laubscher The Labour Appeal Court (LAC) had the opportunity to consider the onus of proof in automatically unfair dismissal cases in State Information Technology Agency (Pty) […]

Read more

Unconstitutionality of s 89(5)(c) of the National Credit Act

x Bookmark National Credit Regulator v Opperman and Others (CC) (unreported case no CCT 34/12, 10-12-2012) (Van der Westhuizen J) By Mapula Sedutla At issue in the Opperman case was […]

Read more

Freedom of testation v public policy

x Bookmark Ex Parte: BoE Trust Ltd NO and Others (SCA) (unreported case no 846/11, 28-9-2012) (Erasmus AJA) By Mapula Sedutla The recent BoE Trust case tested freedom of testation […]

Read more

The law reports – January/February 2013

x Bookmark Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. November 2012 (6) The South African Law Reports (pp 1 – 328); [2012] 4 […]

Read more

Two for one – Duplicate convictions for one crime

x Bookmark By Michael Miller The recent case of S v Dlamini 2012 (2) SACR 1 (SCA) highlighted divergent views on the test for a duplication of convictions in a […]

Read more

Protection of Personal Information Bill – what it means for law practices

x Bookmark By Manie Bezuidenhout The enactment of the Protection of Personal Information Bill (B9B of 2009) (POPI) is imminent and is expected to become effective in early 2013. The […]

Read more

The Consumer Protection Act and five common law principles

x Bookmark By Sarah-lynn Tennant and Vuyokazi Mbele There are no formalities in terms of the common law for entering into any contract. However, where the parties agree to such […]

Read more
X