Archive 2014

Is theft a competent verdict on a charge of fraud?

By Michael Miller In the case of Kok v S (WCC) (unreported case no 14552, 2-7-2014) (Henney J), the accused had been charged with fraud. It was alleged that he […]

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Failing the objectives of the MPRDA

By Malusi Mkhize On 23 June 2014, the longest mining sector strike in South African history ended when the Association of Mineworkers and Construction Union (AMCU) accepted a revised wage […]

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Employment law update – Q&A

By Moksha Naidoo Question: Section 49(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA) allows for an employer and employee to replace or exclude a basic condition of […]

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Employment law update – Compensation in unfair discrimination cases

By Talita Laubscher and Monique Jefferson In South African Airways (Pty) Ltd v GJJVV [2014] 8 BLLR 748 (LAC) an airline pilot, Van Vuuren, reached the retirement age of 60 […]

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The law reports – October 2014

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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Taxation of Legal Costs in South Africa

By Rochelle Francis-Subbiah Cape Town: Juta (2013) 1st edition Price: R 550 (incl VAT) 442 pages (soft cover) Of all the books currently available on legal costs, this book provides […]

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Calculating legal costs: Changing the way we charge

By Gerhard Buchner Clause 35 of the Legal Practice Bill (the Bill) will lead to the close scrutiny of the charging of legal fees by attorneys and advocates, as well […]

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The link between the Legal Practice Bill and access to justice

By Jacques Halbert The State has a Constitutional mandate to take progressive measures towards realising the rights contained in the Bill of Rights. The Bill of Rights is a cornerstone […]

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Reform, reintegrate, rehabilitate – balancing restorative justice and juvenile offender rehabilitation

By Tafadzwa Mukwende The introduction of the Child Justice Act 75 of 2008 (the Act) set new standards for the protection of the child offender by establishing the Child Justice […]

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Courtroom of the future – virtual courts, e-courtrooms, videoconferencing and online dispute resolution

By Izette Knoetze The future of the courts is greatly dependent on technology and how technology can improve their functioning. According to Jeff Aresty (‘State Courts and the Transformation to […]

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