Archive 2013

Employment law update – Challenging trade union’s right to represent its member at arbitration based on its own constitution

NUM obo Mabote v Commission for Conciliation, Mediation and Arbitration and Others (LC) (unreported case no C1010/12, 21-6-2013) (Steenkamp J). By Moksha Naidoo The third respondent, Kalahari Country Club (Kalahari) […]

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Employment law update – Independent contractors v employees

By Talita Laubscher and Monique Jefferson In Kambule v Commission for Conciliation, Mediation and Arbitration and Others [2013] 7 BLLR 682 (LC), the applicant referred an unfair dismissal dispute after […]

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The law reports – October 2013

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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Living the dream or fighting reality?

By Chiedza Simbo Can the rights-based approach really tackle all forms of exclusion? Human rights-based approaches to development put the poor at the centre of development thereby giving them opportunities […]

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Contextualising intellectual property

By Robyn-Leigh Merry and Muhammed Vally Intellectual property (IP) comprises intangible property that is the result of creativity. It is the subject of a real right and IP law is […]

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Enabling the disabled – Complying with the BBBEE Act

By Angela Newman All things being equal, the workforce should reflect the employable part of the population. Employing people with disabilities is not only the right thing to do, but […]

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Business valuations – Ensuring all the valuer’s ducks are in a row

By Christiaan Vorster An attorney often needs to liaise with or refer his or her clients to an independent valuer to determine the value of a business, whether owned by […]

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Breaking up is hard to do, or is it? – The clean-break principle explained

By Clement Marumoagae This article discusses how spouses married in community of property deal with their pension benefits on divorce. It will be shown that, initially, the pension interest of […]

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Hiding behind the veil

By Rehana Cassim The vexed topic of piercing the corporate veil under s 20(9) of the Companies Act 71 of 2008 (the Act) was discussed by the author in De […]

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Valid or not? – General principles for challenging a will

By Johann Jacobs and Leigh Lambrechts It is not uncommon for a client to approach an attorney with the challenge that a will is invalid. The reasons for such a […]

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