August 2022

Amendment versus substitution: Applying s 270 of the Criminal Procedure Act in the interest of justice

  The recent decision from the Limpopo Division High Court in Polokwane in S v Modimolla (LP) (unreported case no 02/2022 A290/2021, 18-2-2022) (Muller J) illustrates both the commitment of […]

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Dealing with the red tape of a dismissal or unfair labour practice dispute within local government

Section 191(1)(a) of the Labour Relations Act 66 of 1995 (LRA) is very clear that in the event of a dispute about the fairness of a dismissal or about an […]

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Building common-law principles of trust law: One cannot transfer more rights than one has

  By Marietjie Du Toit This article discusses the substantive gender inequality and unfair discrimination in trust law disputes. The cornerstone of trust law is the common law. In the […]

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Young women must go out into the world and exceed their own goals

In this month’s Women in Law article, De Rebus news reporter, Kgomotso Ramotsho, spoke to legal practitioner and Chairperson of the Legal Practitioners’ Fidelity Fund (LPFF), Peppy Kekana, about her […]

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The Law Reports – August 2022

June [2022] 2 All South African Law Reports (pp 607–924); June 2022 (6) Butterworths Constitutional Law Reports (pp 661–785) This column discusses judgments as and when they are published in […]

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It is unconstitutional to impose a levy on the constitutional right to protest

The Right to Know Campaign and Others v City Manager of Johannesburg Metropolitan Municipality and Another (GJ) (unreported case no 49197/2021, 10-6-2022) (Victor J) On 26 April 2022 the Gauteng […]

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The burial of a pre-viable or terminated foetus falls outside of Births and Deaths Registration Act’s scope

Voice of the Unborn Baby and Another v Minister of Home Affairs and Another (CC) (unreported case CCT120/21, 15-6-2022) (Tlaletsi AJ (Madlanga J, Madondo AJ, Majiedt J, Mhlantla J, Rogers […]

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New legislation – August 2022

Legislation published from 6 June – 1 July 2022 By Lauren Lloyd, Lizelle Rossouw, Jeniene Nadarajan and Johara Ally Acts Division of Revenue Act 5 of 2022 Date of commencement: […]

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Employment law update – ‘Trial by ambush’ – can an employee be reinstated without formally seeking reinstatement?

In Real Time Investments 158 t/a Civil Works v Commission for Conciliation, Mediation and Arbitration and Others [2022] 6 BLLR 524 (LAC), the employee, employed by Real Time Investments 158 […]

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Employment law update – Vaccine mandates at work

Employers have a duty to take reasonable care of the health and safety of their employees in all circumstances of employment. As the COVID-19 pandemic evolves, this duty includes the […]

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