Practice Notes

Effective handling of applications for postponement during internal disciplinary inquiries and arbitration hearings

Rule 23 of the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) deals with the procedure on how to postpone an arbitration and […]

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The legal basis of a legal practitioner’s liability for negligence in execution of mandate

An adversarial system of dispute resolution, in which the parties at dispute present their cases and a neutral factfinder attempts to resolve the dispute based on the parties’ representations, naturally […]

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Arbitration in terms of s 12B of the Petroleum Products Amendment Act

By Deon M Pool The pursuit of power. How to get it, keep it, and use it, have been central questions of politics, business, military strategy, and human relationships for […]

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Mozambique, Cabo Delgado insurgency – what does this mean for foreign investors and international lenders who have vested interests?

Mozambique with its huge mineral deposits has been the center of attention, especially for foreign investors who have an interest in investing in the African continent for the exploration and […]

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Section 40 of the Children’s Act: Parenthood by syringe or intention?

A couple in a permanent life partnership have launched an application challenging the constitutionality of s 40 of the Children’s Act 38 of 2005, as a result of their gamete […]

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Function of the court on settlements

Many years ago, a client consulted me and instructed me to institute an action in the High Court (then known as the Supreme Court) claiming payment of a debt owed […]

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What are substantial and compelling circumstances in terms of s 51(3)(a) of the Criminal Law Amendment Act?

The term ‘substantial and compelling circumstances’ has not been properly defined by South African courts. However, in terms of s 51(3)(a) of the Criminal Law Amendment Act 105 of 1997 […]

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Does the exclusion of certain employees under ch 2 of the BCEA mean that those employees are not entitled to be compensated for overtime worked?

By Kefentse Letlala Most employment contracts specify that employees are required to work overtime. Section 10 of the Basic Conditions of Employment Act 75 of 1997 (the Act) sets out […]

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The dichotomy of a VAT benefit for welfare organisations

COVID-19 has caused mass financial turmoil to virtually all entities. Welfare organisations, in particular, are suffering as philanthropic donations have significantly decreased during this time. Accordingly, it is necessary for […]

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Parking in sectional title schemes

By Raymond Meyer In my experience as a conveyancer, since the early days of sectional titles schemes, and also as an owner, parking and more particularly, the use and abuse […]

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