April 2018

Is work-life balance possible for legal practitioners?

By Emmie de Kock Have you wondered why it is called ‘work-life balance’? A scale only balances if objects with the same weight are placed on both sides. Considering that […]

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Maintenance Act: May the prosecution decline to prosecute a s 31(1) matter?

By Marlene Lamprecht Section 31(1) of the Maintenance Act 99 of 1998 creates the offence of failing to make payment in accordance with a maintenance order. Section 31(1) states: ‘Subject […]

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Litigation costs in constitutional matters

By Luyolo Ntikinca and Sihlulelwe Reward Nxumalo The Constitution makes provision for a Bill of Rights. The Bill of Rights is the cornerstone of democracy in South Africa (SA). It […]

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The need to use reliable independent third-party sources during customer identification and verification within the risk-based approach system

By Nkateko Nkhwashu The Financial Intelligence Centre Amendment Act 1 of 2017 (the Amendment Act) introduces a risk-based approach (RBA) to customer identification and verification (or Customer Due Diligence as […]

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A critical evaluation of the RABS Bill and the common law right to delictual claims

By Prof Hennie Klopper In April 2017 the Minister of Transport gave notice in the Government Gazette (GenN 302 GG40788/18-4-2017) of the intention to introduce the Road Accident Benefit Scheme […]

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Access denied: Spoliation as remedy to director denied access to workplace

By Nicholas Mgedeza Legal disputes are cropping up everywhere all the time. This is discernible by the many matters on our court rolls. Let me hasten to say one needs […]

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Organs of state seeking a review of own decision: A question of legality or PAJA?

By Thenjiwe Vilakazi On 14 November 2017, the Constitutional Court (CC) determined for the first time whether the Promotion of Administrative Justice Act 3 of 2000 (PAJA) applies when an […]

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Excessive pricing to the detriment of consumers

By Mfundo Ngobese The definition of ‘excessive price’ in s 1 of the Competition Act 89 of 1998, as amended (the Act), is a price that ‘bears no reasonable relation […]

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Don’t tease the ostrich: Considering the actio de ferris and the defence of provocation in modern South Africa

Van der Westhuizen v Burger 2018 (2) SA 87 (SCA) By Morgan Riley In the recent judgment of Van der Westhuizen v Burger 2018 (2) SA 87 (SCA), the Supreme […]

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Dispassionate appointment of the NDPP

Corruption Watch (RF) NPC and Another v President of the Republic of South Africa and Others 2018 (1) SACR 317 (GP) By Siyabonga Mathe In terms of s 179(1)(a) of […]

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