Archive 2020

A court has no power to condone a failure to serve a notice prior to the creditor’s institution of action

Minister of Public Works v Roux Property Fund (Pty) Ltd (SCA) (unreported case no 779/2019, 1-10-2020) (Matojane AJA (Wallis, Mocumie, Molemela and Nicholls JJA)) The Supreme Court of Appeal (SCA) […]

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How far do the powers of the homeowner’s association stretch?

Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh and Others 2019 (4) SA 471 (SCA) The question of how far the scope of powers of the […]

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Is the alliance between church and state still proving to be an unholy one?

Ellaurie v Madrasah Taleemuddeen Islamic Institute and Another (KZD) (unreported case no 3848/2019, 21-8-2020) (Mngadi J) Religion touches the profoundest and most delicate emotions of people. It is a matter […]

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New legislation – November 2020

Legislation published from 1 – 25 September 2020   Selected list of delegated legislation Allied Health Professions Act 63 of 1982 Safety Guidelines: Chiropractic and Osteopathy: Dry Needling. BN121 GG43726/18-9-2020. […]

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Employment law update – Can an employer be held liable for discrimination perpetrated by a customer?

In Samka v Shoprite Checkers (Pty) Ltd and Others [2020] 9 BLLR 916 (LAC), the employee was employed by Shoprite Checkers (the employer) as a cashier. During the performance of […]

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Recent articles and research – November 2020

Accessing articles from publishers For LexisNexis articles contact: customercare@lexisnexis.co.za for the publication details. For individual journal articles pricing and orders from Juta contact Philippa van Aardt at pvanaardt@juta.co.za. For journal […]

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The South African drama: Where Shakespeare and Disney collide

In her 1983 essay, ‘Living in the Interregnum’, Nadine Gordimer quotes Antonio Gramsci: ‘The old is dying, and the new cannot be born; in this interregnum there arises a great […]

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PPE contracts, ethics, morality and the law

The popular Latin maxim fiat justitia, ruat caelum guides lawyers to an understanding that we should endeavour to see justice being done, even if it means that the heavens must […]

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Hard work, low pay: A need for a prescribed minimum wage for candidate legal practitioners

Recently, the Legal Practice Council (LPC) has amended the Legal Practice Act 28 of 2014 (LPA) rules providing that it is now a misconduct for a law firm to require […]

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The late human rights legal practitioner Priscilla Jana described as a giant

By Kgomotso Ramotsho The South African Women Lawyers Association (SAWLA) is mourning the passing of the Deputy Chairperson of the South African Human Rights Commission (SAHRC) and anti-Apartheid human rights […]

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