Archive 2023

Understanding the distinction: Unfair dismissal v unlawful termination in employment contracts

At common law, the measure of damages to which an employee is entitled is limited to the amount of wages or salary he or she would have earned but for […]

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Safeguarding rights in matrimonial regimes: Addressing constitutional concerns in the Trust Property Control Act

By Marietjie du Toit The trust legal institution, as it is recognised today – was unknown in Roman-Dutch law, although the principle of fiduciary duties has been a universal phenomenon […]

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Navigating trusts in South Africa – exploring the new compliance obligations

A trust is a legal arrangement in which assets or property are held by one party (the trustee) for the benefit of another party or parties (the beneficiaries). Recent legislative […]

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The struggle for getting work as an emerging legal practitioner is real

In this month’s Thought Leaders feature, we feature a young legal practitioner, Thandeka Mpanza who is an admitted attorney of the High Court. She practises of her own accord in […]

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The law reports – December 2023

September [2023] 3 All South African Law Reports (pp 613 – 921); October [2023] 4 All South African Law Reports (pp 1 – 276); September – October 2023 Judgments Online […]

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Court issues stern warning and deterrent order in police brutality judgment

Xaba and Another v Minister of Police (NWM) (unreported case no 788/2021; 789/2021, 31-8-2023) (Morgan AJ) ‘Our strength will come not from the sharpness of our spears, but from our […]

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Minister fails to provide proof that additional benefits of leave have a negative effect on the economy

 Van Wyk and Others v Minister of Employment and Labour (GJ) (unreported case no 2022-017842, 25-10-2023) (Sutherland DJP)  The High Court in Johannesburg declared that the provisions of ss 25, […]

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Access to information held by the state

Health Justice Initiative v Minister of Health and Information Officer, National Department of Health (GP) (unreported case no 10009/22, 17-8-2023) (Millar J) By Lesetsa Teffo The Health Justice Initiative (HJI), […]

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Revolutionising refugee rights: The impact of the Gavrić ruling on s 4(1) of the Refugee Act

Gavrić v Refugee Status Determination Officer, Cape Town and Others (People against Suppression, Suffering, Oppression and Poverty as Amicus Curiae) 2019 (1) BCLR 1 (CC) In a landmark decision, the […]

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Collective liability: Does the financial misconduct of one director of a law firm invoke liability of all directors?

Limpopo Provincial Council of the South African Legal Practice Council v Chueu Incorporated Attorneys and Others (SCA) (unreported case no 459/22, 26-7-2023) (Nicholls JA (Saldulker and Carelse JJA and Nhlangulela […]

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