April 2023

To PAJA or not to PAJA that is the question? Is the avoidance of PAJA justified?

The question whether a particular action qualifies as administrative action is determined by reference to jurisprudence that establishes the meaning of this term in s 33 of the Constitution and […]

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Eliminating sexual harassment in the workplace – #TimesUp for employers

By Mmathabiso Khalema Holmes JA in S v Snyman 1968 (2) SA 582 (A) likened complainants in sexual assault cases to accomplices in crime and described them as having a […]

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Companies and Intellectual Property Commission e-Services and BizPortal platforms

On 9 January 2023, the Companies and Intellectual Property Commission (CIPC) launched the new CIPC e-Services and BizPortal platform for purposes of transacting with their office by way of debit […]

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The Law Reports – April 2023

February [2023] 4 All South African Law Reports (pp 299 – 577); January – February 2023 Judgments Online This column discusses judgments as and when they are published in the […]

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Section 3(1)(b) of the Recognition of Customary Marriages Act too open for interpretation to be a requirement

Lijane v Kekana and Others (GJ) (unreported case no 21/43942, 3-1-2023) (Wilson J) The Recognition of Customary Marriages Act 120 of 1998 (the RCMA) provides for the requirements of valid […]

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Interest in arbitration awards

Malatji v Minister of Home Affairs and Another (2018) 39 ILJ 2684 (LAC) Often when a litigant is successful at the arbitration of their labour dispute the arbitrator may award […]

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SCA says insulting, vulgar and disparaging language by a legal practitioner cannot be tolerated

Gaone Jack Siamisang Montshiwa (Ex Parte Application) (SCA) (unreported case no 672/2021, 3-3-2023) (Siwendu AJA (Van der Merwe JA concurring)) In a case of Montshiwa, the Supreme Court of Appeal […]

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New legislation – April 2023

Legislation published from 30 January – 24 February 2023 By Shanay Sewbalas and Johara Ally   Acts Criminal Law (Forensic Procedures) Amendment Act 8 of 2022 Commencement of the Act. […]

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People and practices – April 2023

Compiled by Shireen Mahomed Stegmanns Inc in Pretoria has two new appointments. All People and practices submissions are converted to the De Rebus house style. Please note, five or more […]

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Employment law update – Disciplinary action for testing positive for cannabis in the workplace

In SGB Cape Octorex (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others [2023] 2 BLLR 125 (LAC), an employee was dismissed for smoking dagga while at work. […]

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