Archive 2015

Out with the old and in with the new – understanding the Legal Practice Act

By Ettienne Barnard The analogy The Legal Practice Act 28 of 2014 (LPA), which came into partial operation in February is the product of society changes and input over time. […]

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Instituting proceedings against a company under supervision

                            By Bouwer van Niekerk and Werner Hattingh Section 133(1)(b) of the Companies Act 71 of 2008 […]

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The law reports

September 2015 (5) South African Law Reports (pp 1 – 316); [2015] 3 All South African Law Reports July no 1 (pp 1 – 129) and no 2 (pp 131 […]

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The use of EAOs, jurisdiction and forum shopping under the spotlight

By Bouwer van Niekerk and Amy Parker MBD Securitisation (Pty) Ltd v Booi (FB) (unreported case no A263/2014, 2-7-2015) (Daffue J) A lot has been written about the recent judgment […]

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The right to a name and nationality: The issue of undocumented migrant children

By Faith Tigere SS v Presiding Officer, Children’s Court, Krugersdorp and Others 2012 (6) SA 45 (GSJ) ‘Children are the soul of our society. If we fail them, then we […]

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Do arbitration proceedings fall within the general moratorium on legal proceedings against a company under business rescue?

By Rudie Kok Chetty v Hart (SCA) (unreported case no 20323/2014, 4-9-2015) (Cachalia JA) Chapter 6 of the Companies Act 71 of 2008, on business rescue proceedings (BRP), has undergone […]

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New legislation

                    Legislation published from 1 – 25 September 2015 Bills introduced Traditional and Khoi-San Leadership Bill B23 of 2015. Local Government: […]

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Employment law update

                    Automatic termination provisions in contracts of employment In South African Transport and Allied Workers Union obo Dube and Others v […]

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Double jeopardy in the workplace

By Deon Mouton The employee in this matter received a final written warning for misconduct relating to the breaching of safety regulations on the employer’s Wonderkop Ferrochrome Smelter. Not satisfied […]

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Recent articles and research

By Meryl Federl Please note that the below abbreviations are to be found in italics at the end of the title of articles and are there to give reference to […]

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