April 2021

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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Incorrect legal standard applied? Zuma and the Zondo Commission

Certain values in the Constitution were designated as the foundation of our democracy. Such values must then be observed scrupulously because if these values are not observed and their precepts […]

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Should an unrepresented accused enter into plea and sentence agreements?

A plea is a statement by an accused person tendered in court in response to a charge instituted by the prosecuting authority. Section 105A of the Criminal Procedure Act 51 […]

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A turning of the tide: Exploring the impact of pollution in the shipping industry

Over the past few years, global warming has become an increasingly debated topic and pollution has contributed quite substantially to that global problem. It is almost easy to understand how […]

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The rescission of divorce orders for purposes of claiming spousal maintenance

The reciprocal duty of support between spouses is one of the invariable consequences of marriage in South African law. This legal duty operates automatically by operation of law as soon […]

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Navigating the legal regulatory issues with self-driving cars in South Africa

‘What is now proved was once only imagined’ (William Blake The Marriage of Heaven and Hell (United Kingdom: Oxford University Press 1975) at 18). This sentiment can be interpreted as […]

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Lifestyle audits: Bringing legal and ethical considerations under scrutiny

The reported request by the Gauteng Provincial Premier, David Makhura, for the State Security Agency (SSA) to conduct lifestyle audits on Members of the Executive Council (MECs) warrants some probing […]

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Remove, withdraw or postpone? The principle of double jeopardy in competition law

In the case of Competition Commission of South Africa v Beefcor (Pty) Ltd and Another [2020] 2 CPLR 507 (CAC), the Competition Appeal Court of South Africa (CAC) considered the […]

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The Law Reports – April 2021

February [2021] 1 All South African Law Reports (pp 311 – 622); February 2021 (2) Butterworths Constitutional Law Reports (pp 101 – 216) This column discusses judgments as and when […]

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