Archive 2022

Employment law update – Can historical inconsistency be invoked for serious criminal conduct?

In National Education Health and Allied Workers Union on Behalf of Buqa v Department of Health (Western Cape) and Others (2022) 43 ILJ 2363 (LC), the employee was employed by […]

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People and practices – December 2022

Compiled by Shireen Mahomed Stegmanns Inc in Nelspruit has appointed Isaura Cardoso as a Professional Assistant. All People and practices submissions are converted to the De Rebus house style. Please […]

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Recent articles and research – December 2022

Abbreviation Title Publisher Volume/issue SA Merc LJ South African Mercantile Law Journal Juta (2021) 33.3   SAJBL South African Journal of Bioethics and Law South African Medical Association NPC (2021) […]

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Black Lawyers Association KwaZulu-Natal branch celebrates Chief Justice Zondo

The Black Lawyers Association’s KwaZulu-Natal branch (BLA-KZN) held a special celebratory dinner in honour of the Chief Justice of South Africa, Justice Raymond Zondo. The dinner was held in Chief […]

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Justice Department will seek Cabinet’s approval on new extradition Bill

The Minister of Justice and Correctional Services, Ronald Lamola, accounted to Parliament on the impact of his department and entities falling under the umbrella of the Justice and Correctional Services […]

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The future of court proceedings: The Court Online system

The Office of the Chief Justice has held two training workshops for legal practitioners on the Court Online system. The website of the South African Judiciary describes ‘Court Online’ as […]

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An attorney’s dilemma

I recently came across the judgment in the matter of Trollip v Phatshoane Henney Attorneys (FB) (unreported case no 3683/2018, 23-6-2022) (Loubser J), which, inter alia, dealt with the failure […]

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Section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act – why calendar days and not court days

It is trite that in order to evict unlawful occupiers from property used for residential purposes, the procedure as contemplated in the Prevention of Illegal Eviction from and Unlawful Occupation […]

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Arbitration and governing law clauses: An analysis of whether subsequent agreements replaced or rendered clauses inoperative

In the recent Supreme Court of Appeal (SCA) case of Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another (SCA) (unreported case no 065/2021, […]

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Dual marriages: A guide to antenuptial contracts

By Siyabonga Sibisi Due to the past non-recognition of customary marriages, South Africans resorted to the practice of entering into both a civil and a customary marriage. This is referred […]

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