August 2020

COVID-19 impacting the workplace: Outlining retrenchments in good faith

Since the start of the lockdown, due to the COVID-19 pandemic, many business owners have been tasked with taking difficult decisions for survival. Financial strain is at the top of […]

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When no means no – eliminating myths and stereotyping in the adjudication of sexual crimes

The law of sexual assault and legislative changes governing this section of the law has evolved considerably, but this does not mean that the results are being presented in the […]

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Customary marriages: The woman’s right to maintenance and property ownership

The focus on gender equality, in particular the rights of women in South African society, has come under the spotlight to the extent that amendments to current legislation is being […]

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Still waiting for an answer: Physician assisted suicide in South Africa

On 30 April 2015 the Gauteng Division of the High Court in Pretoria handed down the landmark judgment that allowed for a person to be assisted by a qualified medical […]

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The court’s discretionary power to award rehabilitative maintenance

In South Africa (SA), there is no law that mandates that spousal maintenance must be ordered when parties divorce. It should also be noted that neither spouse has a right […]

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Government contracts: When to rely on estoppel

Section 216(1) of the Constitution provides that national legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by […]

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Running out the clock: When to condone an unreasonable delay

The commentary on 4 Africa Exchange (Pty) Limited v The Financial Sector Conduct Authority and Others (GJ) (unreported case no 17/20474, 28-2-2020) (Molefe J) in this article will focus only […]

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The law reports – August 2020

June [2020] All South African Law Reports (pp 637 – 940) This column discusses judgments as and when they are published in the South African Law Reports, the All South […]

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The interpretation of what constitutes a benefit in terms of s 186(2) of the LRA: Is it by entitlement of contract, law or by sole discretion of the employer?

Apollo Tyres SA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (2013) 34 ILJ 1120 (LAC) The underlying undefined concept by s 186(2) of the Labour Relations […]

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The Recognition of Customary Marriages Act and the practice of lobola through the lens of the SCA

Tsambo v Sengadi (SCA) (unreported case no 244/19, 30-4-2020) (Molemela JA (Maya P, Mbha, Zondi JJA and Mojapelo AJA concurring)) Envisage this: Your partner asks for your hand in marriage, […]

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