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De Rebus → Columns → Practice Notes

Practice Notes

Dismissal for incapacity: Employee denied access to a workplace by third party

In the case of Silver Solutions Security (Pty) Ltd v Saayman NO and Others (LC) (unreported case no PR192/22, 15-7-2024) (Thys AJ), Ms Kulati, an employee of Silver Solutions Security, […]

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Is there anything standing in the way of South Africa joining the World Intellectual Property Organization Madrid Protocol Treaty System?

South Africa is often recognised for having a well-developed framework for intellectual property (IP) protection, covering everything from trademarks and copyrights to patents, designs, plant breeders’ rights, traditional knowledge, and […]

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The arrival of dual citizenship in South Africa and its consequences

On 6 May 2025, in the matter of Democratic Alliance v Minister of Home Affairs and Another (CC) (unreported case no CCT 184/23, 6-5-2025) (Maya CJ, Madlanga ADCJ, Majiedt J, […]

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The work visa points-based system: A new dawn for work visas and the economy?

On 18 October 2024 the Minister of Home Affairs (the Minister) by notice in Proc R5397 GG51365/9-10-2024 gazetted a fundamentally new work visa policy popularly known as the Points-Based System […]

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The pingti paradox: What China’s ‘luxury dupes’ trend means for intellectual property in South Africa

The escalating trade war between China and the United States (US) has reignited global debate over trade ethics, transparency, and economic power dynamics. In early April 2025, the US, under […]

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Exceptional circumstances in South African law: Judicial interpretation and legal certainty

A law that is vague invites argument; a law that is clear invites justice. Exceptional circumstances should be defined, not discovered (adapted from Tom Bingham The Rule of Law (Penguin […]

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What have the courts said about the ethical use of artificial intelligence in legal practice?

By Prof Michele van Eck Artificial intelligence (AI) can positively change the way in which the law is practiced, but AI is not without its risks. Some of the practical […]

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The undisclosed principal

By Daniel Treves Under our law of agency, an agent may represent its principal when concluding agreements with third parties, provided that the agent has authority to represent its principal […]

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Exploring the challenges in double taxation: An overview of the functions of the Mutual Agreement Procedure and competent authority in South Africa

A double tax agreement (DTA) is a formal agreement between two countries that outlines the taxation of income derived from cross-border transactions involving residents of the respective nations. This agreement […]

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The abuse of the legal system in South Africa: Shielding liability through legal manoeuvring

By Wessel Robertson In South Africa, the legal system is designed to uphold justice, provide recourse for wrongs, and ensure fairness for all parties. However, a growing concern is the […]

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