Archive 2023

Unfair discrimination of ‘older person’ definition found in the Older Persons Act

The Constitution is the supreme law, and it provides protection to all those lives within the Republic (s 7 of the Constitution). Chapter 2 of the Constitution contains the Bill […]

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Exploring the availability of s 7(3) redistribution to spouses in foreign marriages

By Kobus Brits Section 7(3) of the Divorce Act 70 of 1979 states as follows: ‘A court granting a decree of divorce in respect of a marriage out of community […]

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Arrest without a warrant – what requirements must be observed by peace officers?

This article will focus on the s 40(1)(b) of the Criminal Procedure Act 51 of 1977 and the requirements the peace officers must observe, follow, and adhere to for the […]

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Are the proposed Community Schemes Ombud Service Practice Directive orders within the Ombud’s jurisdiction?

On 14 March 2023, the Community Schemes Ombud Service (CSOS) promulgated a draft Practice Directive on s 39(7)(b) of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act). […]

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Is mediation an option in sexual violence cases?

‘Sexual [assault] cases are similar in power structure to domestic violence or criminal assault matters. In those cases there is more than a simple dispute over money or property. Instead, […]

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Everyone is protected by the law, and everyone should protect the law

In this month’s issue we feature Hilde Eksteen, a young legal practitioner based in Gauteng. Ms Eksteen was born in 1990 in Roodepoort. Her mother is an educator and father […]

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The law reports – August 2023

June [2023] 2 All South African Law Reports (pp 587 – 869); May – June 2023 Judgments Online This column discusses judgments as and when they are published in the […]

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Court withdraws a previous order after application proves the court was misled

Rasakanya v Mbuyane and Another (MM) (unreported case no 2702/2021, 8-8-2023) (Mashile J) The High Court in Rasakanya looked at an application that was aimed at rescinding the order of […]

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The Barbie doll has shaped the importance of intellectual property ownership: The famous Barbie doll case  

Mattel Inc v Greiner and Hausser GMBH 354 F3d 857 (9th Cir 2003) There is little doubt that since 1959, when Ruth Handler and her husband Elliot launched the Barbie […]

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A commissioner has power to dismiss a matter when a referring party fails to appear

Mohube v Commission for Conciliation, Mediation and Arbitration and Others (LC) (unreported case no JA18/2022, 18-5-2023) (Coppin JA) Mr Mohube (the employee) worked as a company secretary of the Passenger […]

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