Feature Articles

Is the Road Accident Fund a social benefit or a public insurance scheme?

In Road Accident Fund v Auditor-General of SA and Others [2024] 3 All SA 914 (GP) a dispute between the Road Accident Fund (RAF) and the Auditor-General (A-G) concerning the […]

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Ethics as a public service lens: Lessons from the AmaBhungane case

Legal experts have debated the importance of the relationship between ethics and the law for many years within the South African legal framework (B Bekink ‘From mere Christmas decorations to […]

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Behind bars unjustly: Navigating wrongful arrest and imprisonment in South Africa

By Mzoxolo Terrance Magadla The essential premise of law enforcement is that police officers (peace officers) must carry out their duties in accordance with the law. This article attempts to […]

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The evolution of business rescue: Insights from case law

By Graeme Fraser and Veldra Fraser It has been suggested that the modern approach to new legislation is for legislation to provide the framework or skeleton of our legal system […]

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The right to education and the need for better school infrastructure: A call to action

By Lebo Collins Manzini Since the beginning of time, education has always been a way in which society conveys knowledge from generation to generation. Education today is considered a basic […]

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Is the State Attorney’s briefing system anti-competitive and hindering transformative progress

The Office of the State Attorney is the biggest litigator in the legal fraternity, as it represents a large portion of the organs of state within the meaning of s […]

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The choice between dual or single deemed employment relationship – the big debate

Section 198A(3)(b)(i) of the Labour Relations Act 66 of 1995 (LRA) stipulates that: ‘(3) For the purposes of this Act, an employee – … (b) not performing such temporary service […]

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Addressing the crisis in Gauteng’s civil justice system: The role of mediation and rule 41A compliance

Gauteng’s civil justice system is in crisis. On 4 June 2024, Deputy Judge President Roland Sutherland indicated in a document titled ‘Bulletin of lead times for set-down dates in Johannesburg […]

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Balancing workplace safety and privacy: Implications of the Enever v Barloworld judgment on cannabis use policies

A recent Labour Appeal Court judgment (Enever v Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd [2024] 6 BLLR 562 (LAC)), (referred to as the Barloworld […]

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Legal challenges of unregistered customary marriages: The impact of optional registration under the Recognition of Customary Marriages Act

By Lebo Collins Manzini The Recognition of Customary Marriages Act 120 of 1998 (RCMA) provides and enhances the legal recognition of traditional marriages. Section 3 establishes the requirements that must […]

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