Archive 2022

Virtual commissioning in South Africa – understanding FirstRand Bank Ltd v Briedenhann

The matter in FirstRand Bank Ltd v Briedenhann 2022 (5) SA 215 (ECGq) was brought to the court by the plaintiff in application for a default judgment for money owed […]

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Mandatory vaccination unlawful: Has the CCMA finally seen the light?

There is no question that the COVID-19 pandemic has caused serious havoc in the lives of many people around the world. Many companies and businesses have been affected and in […]

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People and practices – October 2022

Compiled by Shireen Mahomed Stegmanns Inc in Pretoria has four new appointments. All People and practices submissions are converted to the De Rebus house style. Please note, five or more […]

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Does the Recognition of Customary Marriages Amendment Act discriminate against women’s marital property rights?

The Recognition of Customary Marriages Amendment Act 1 of 2021 (the RCMAA) came into operation on the 1 June 2021. It amends s 7(1) of the Recognition of Customary Marriages […]

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What remedies do maintenance officers have against non-compliance when investigating complaints?

The two regulations that will form the crux of this article are reg 3(1) and reg 3(3) of the Maintenance Act 99 of 1998. Regulation 3(1) states: ‘A maintenance officer […]

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When are defamatory statements protected by qualified privilege?

By Tshepo Mashile In the case of Rapp van Zyl Incorporated and Others v FirstRand Bank and Others [2022] 3 All SA 437 (WCC), Sher J had the occasion to […]

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Women’s core struggle is against the values that drive our entire society and economic system

This month in our Women in Law column, we feature legal practitioner, Ugeshnee Naicker, who was born in the seaside town of Port Shepstone, located on the east coast of […]

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The Law Reports – October 2022

August [2022] 3 All South African Law Reports (pp 311 – 639); August 2022 (8) Butterworths Constitutional Law Reports (pp 907 – 1053) This column discusses judgments as and when […]

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Is res judicata an important legal principle supported by public policy and public interest considerations?

Minister of Police v Van Der Watt and Another (SCA) (unreported case no 1009/2021, 21-7-2022) (Tsoka AJA (Petse DP and Plasket and Mothle JJA and Salie-Hlophe AJA concurring)) By Maboku […]

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Who can and cannot represent companies in South African courts?

Investec Securities (Pty) Ltd v Corwil Investments Holdings (Pty) Ltd and Others (GJ) (unreported case no 2021/11126, 20-7-2022) (Wepener J) Perhaps it will be helpful to begin with the 1960s […]

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