Archive 2015

What every attorney should know about the Legal Practice Act

By Mapula Thebe – editor After a long period of waiting the Legal Practice Act 28 of 2014 (LPA) was published in Government Gazette 38022 on 22 September 2014. In […]

Read more

Customary marriage as dealt with in Mxiki v Mbata in re: Mbata v Department of Home Affairs and Others (GP) (unreported case no A844/2012, 23-10-2014) (Matojane J)

By Sipho Nkosi This is an appeal which was heard in the North Gauteng High Court, Pretoria, on the 23 October 2014. Teffo J had granted an order in favour […]

Read more

Separation of powers is not constitutional Kryptonite

By Megan Badenhorst In 1748 that Baron de Montesquieu published ‘De L’Esprit des Lois’ (the Spirit of the Laws) in which he proposed the doctrine of the trias politica or […]

Read more

Employment law update – Q&A

By Moksha Naidoo Question: My employer was aware of my criminal record for many years but did nothing and let me continue to work as a law enforcement officer. My […]

Read more

Employment law update – Reinstatement in constructive dismissal cases

By Talita Laubscher and Monique Jefferson In Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others [2014] 10 BLLR 987 (LAC) the respondent employee, Mr Gordon, […]

Read more

SCA rules that e-mail contract cancellation legal

By Nomfundo Manyathi-Jele In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash and Another (SCA) (unreported case no 725/13, 21-11-2014) (Cachalia JA) the Supreme Court of Appeal […]

Read more

The law reports – January/February 2015

Heinrich Schulze BLC LLB (UP) LLD (Unisa) is a professor of law at Unisa. November 2014 (6) South African Law Reports (pp 1 – 312); [2014] 4 All South African […]

Read more

Exemption from unalterable provisions an underutilised procedure

By Paul Truter and Amy Jones In principle, every company is required to comply with all of the unalterable provisions of the Companies Act 71 of 2008 (the Act), except […]

Read more

Rest in peace: The occupiers right to bury on farmland

By Thabiso Mbhense This is one of the thorny issues between the owners of farms and occupiers of farms in South Africa. On the one hand, land owners feel that […]

Read more

Everyday words can be the death of a trade mark

By Patricia Goliath A trade mark is a mark, word, name, sign, symbol, device or any combination thereof by means of which manufacturers may distinguish their products from the products […]

Read more