Practice Notes

Controversial new test for ‘ordinary course of business’

The Consumer Protection Act 68 of 2008 (CPA) provides a wide range of protections to consumers. It has a particularly complex set of legal rules, which determine when the Act […]

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Sanity now prevails in the B-BBEE landscape

The Department of Trade, Industry and Competition (DTIC) recently published Practice Note 1 of 2021: Rules for Discretionary Collective Enterprises, together with an explanatory memorandum (GN428 GG44591/18-5-2021). This Practice Note […]

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Zero rated contracts in South Africa

This article evaluates how South African law addresses the circumstances where employers do not prescribe hours, which their employees are expected to work and exercise their discretion as to when […]

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Dissolving an unregistered Customary Marriage

After the conclusion of the customary marriage, it is likely that the parties in a customary marriage do not register their marriage as it could take weeks, months, or years, […]

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Contempt proceedings at the Labour Court

Clause 13 of the Practice Manual of the Labour Court of South Africa (the Practice Manual) prescribes how contempt of court applications are launched and subsequently dealt with at the […]

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The sanction of a disciplinary hearing must be fair and appropriate

Item 3(4) of sch 8 (Code of Good Practice: Dismissal) of the Labour Relations Act 66 of 1995 provides that ‘generally, it is not appropriate to dismiss an employee for […]

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The legal position of a child charged with a crime who is apprehended as an adult and the impact of sentencing

By Marvin De Vos ‘The Child Justice Act 75 of 2008 [the Act] was introduced to give effect to the principles in the Constitution and to domesticate the international law […]

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Irrationality on consent or transfer on changing courts or jurisdiction as set out in the Magistrates’ Court Act

The principle of equality does not require everyone to be treated the same, but simply that people in the same position should be treated the same. The government may, for […]

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Failure to recognise equal status between customary and civil marriages

Before South Africa (SA) became a democratic country and during the Apartheid era, marriages of indigenous African people were concluded in accordance with indigenous African customs, and were not recognised […]

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The old is gone embrace the new

The coming into effect of the Legal Practice Act 28 of 2014 (LPA) has brought along necessary changes in governing legal practitioners and harmonising the profession. However, the scope of […]

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