Archive 2014

SCA clears practitioners in the Motswai decision

In the January/February 2013 edition of De Rebus, we published an editorial which set out the High Court’s damning judgment in the case of Motswai v Road Accident Fund 2013 […]

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Public interest versus the interest of justice

By Mahlodi Sam Muofhe Judge Thokozile Masipa has pronounced her sentencing in a trial that has gripped the country since the events which took place on Valentine’s Day in 2013, […]

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Unfair Discrimination in the Workplace

By Darcy du Toit & Marleen Potgieter Cape Town: Juta (2014) 1st edition Price: R 350 (incl VAT) 193 pages (soft cover) Employment Equity is a vital part of employment […]

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Employment law update – The Constitutional Court affirms its views

South African Police Service v Solidarity obo Barnard (unreported case no ZACC23, 2-9-2014) Moseneke ACJ (Skweyiya ADCJ, Dambuza AJ, Jafta J, Khampepe J, Madlanga J and Zondo J concurring) By […]

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Employment law update – Polygraph tests

  By Talita Laubscher and Monique Jefferson In DHL Supply Chain (Pty) Ltd and Others v National Bargaining Council for the Road Freight Industry and Others [2014] 9 BLLR 860 […]

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The ‘rocky’ road has been paved, or has it? Directors right to refuse transfer of shares

Visser Sitrus (Pty) Ltd v Goede Hoop Sitrus (Pty) Ltd and Others 2014 (5) SA 179 (WCC) By Pierre le Roux and Jarryd Mardon The case of Visser Sitrus (Pty) […]

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It is our privilege

A Company and Others v Commissioner, South African Revenue Service 2014 (4) SA 549 (WCC) By Kaelin Govinden Legal advice privilege covers communications between lawyers and their clients whereby legal […]

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The law reports – November 2014

Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. September 2014 (5) South African Law Reports (pp 1 – 316); [2014] 3 All South African Law […]

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Deducting amounts from salaries and failing to pay – employers brought to book by the law

By Clement Marumoagae There are employers in South Africa who deduct retirement fund contributions from their employees’ salaries but fail to pay them over to the relevant retirement funds as […]

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Does PAJA still form part of the legislative puzzle?

By Bayethe Maswazi Section 33(1) of the Constitution guarantees every citizen the right to a lawful, reasonable and procedurally fair administrative action. Section 33(3) further enjoins the legislature to enact […]

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