August 2021

Administrative manoeuvre: Who condones irregular expenditures in the public sector?

Central to this article is the concept of ‘relevant authority’ to condone ‘irregular expenditure’ and to determine who that relevant authority is in terms of legislation. In terms of para […]

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Exploring statutory requirements for private prosecution under the Criminal Procedure Act

 The type of prosecution permissible when instituting and conducting prosecution for offences under the Legal Practice Act 28 of 2014 (LPA) or regulations made thereunder, is determined by the provisions […]

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Sign on the digital dotted line – evaluating the legal validity of electronically signed documents

The advent and advancement of technology, in particular: The digitalisation of commerce and normal working methods, have created a new era of the ‘digital age’ in human history. Digitalisation has […]

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Are companies liable for their employees’ actions online?

Throughout the world, the Internet, information, and communication technologies (ICT) such as smartphones and computers undeniably play a significant role in the modern world of work. Within the South African […]

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Challenging the ‘pay now, argue later’ rule in the context of municipal property rates

As a property owner, it may come to your attention that your municipality is undertaking a general valuation of all the properties situated in its area. Sometime later, you receive […]

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The Law Reports – August 2021

June [2021] 2 All South African Law Reports (pp 645 – 926); June 2021 (5) Butterworths Constitutional Law Reports (pp 575 – 681) This column discusses judgments as and when […]

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The use of inappropriate language on workplace social media

Nkuna v Outsurance Insurance Company Limited [2021] 4 BALR 408 (CCMA) In the case of Nkuna, Ms Nkuna (the applicant) was an employee of Outsurance Insurance Company Ltd for a […]

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Sars’ draconian powers: How long may Sars detain imported consignments?

Commissioner, South African Revenue Service v Trend Finance (Pty) Ltd and Another 2007 (6) SA 117 (SCA) Section 88(1)(a) of the Customs and Excise Act 91 of 1964 (the Act) […]

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Biowatch principle does not apply to a matter that is not of a constitutional nature

Mkhatshwa and Others v Mkhatshwa and Others (CC) (unreported case no CCT 220/20, 18-6-2021) (Khampepe J (Mogoeng CJ, Jafta J, Madlanga J, Majiedt J, Mhlantla J, Pillay AJ, Theron J, […]

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New legislation – August 2021

Legislation published from 1 – 30 June 2021 Bills Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill B16A of 2020. Criminal Law (Sexual Offences and Related Matters) […]

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