Archive 2012

Urgent action for conflicting judgments

By Kim Hawkey – Editor Conflicting judgments by different divisions of the High Court are not only undesirable, but the result may also infringe on the rights of the public, […]

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Employment law update – Changing ‘traditional views’

Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (LAC) (unreported case no JA78/10, 24-7-2012) (Tlaletsi JA) By Moksha Naidoo The first respondent employee was dismissed for charges related […]

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Employment law update – Dismissal related to a s 197 transfer?

By Talita Laubscher The applicant in Long v Prism Holdings Ltd and Another [2012] 7 BLLR 672 (LAC) was employed as the first respondent’s human resources director from 1 November 1998. […]

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Clarity on contingency fees agreements

Mofokeng v Road Accident Fund (unreported case no 22649/09); Makhuvele v Road Accident Fund (unreported case no 19509/11); Mokatse v Road Accident Fund (unreported case no 24932/10); Komme v Road […]

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Service of court process by social media

CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens (KZD) (unreported case no 6846/2006, 3-8-2012) (Steyn J) By Kim Hawkey A recent amendment to the Uniform Rules of Court has […]

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The law reports – October 2012

David Matlala BProc (University of the North) LLB (Wits) LLM (UCT) LLM (Harvard) HDip Tax Law (Wits) is an adjunct professor of law at the University of Fort Hare. August […]

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Unity of applicant in patent applications

By FJ Labuschagne The devil, more often than not, is in the detail. When filing patent applications, the mysterious hidden element the idiom speaks of should be exorcised to avoid […]

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Enforcement of CCMA default awards

By Sizwe Buthelezi Employees armed with default awards from the Commission for Conciliation, Mediation and Arbitration (CCMA) face major challenges when it comes to the enforcement of these awards. These […]

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Are provisional sentence proceedings constitutional?

By Zamazulu Nkubungu A provisional sentence summons may be issued when suing on a liquid document. This compels the defendant to appear before court to admit or deny liability in […]

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30 years of the ‘Sea Constitution’

By Michael Kabai On 10 December 1982 the United Nations Convention on the Law of the Sea (the convention) was opened for signature by states at Montego Bay in Jamaica. […]

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