August 2023

What are the consequences of withdrawing a pre-trial admission during cross-examination at a trial?

It has been well-established that admissions of allegations made in pleadings and at a pre-trial conference can only be withdrawn by the party who made such an admission if it […]

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Can you trust the trustees? Exploring the regulations required to prevent breaches in fiduciary duties

According to s 1 of the Trust Property Control Act 57 of 1988, a ‘trust’ means ‘the arrangement through which the ownership in property of one person is by virtue […]

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Rescuing the director – can the business judgment rule be at your rescue?

By Karabo Sekailwe Orekeng The business judgment rule (the rule) is a defence mechanism found in s 76 of the Companies Act 71 of 2008 (the Act). The rule can […]

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Promoting gender equality in the legal profession is essential

By Kgomotso Ramotsho Legal administrator Busisiwe Beverly Zwane, was born in Pretoria, and grew up in Dennilton and Witbank. Ms Zwane attended Hoërskool Patriot and after completing matric, she proceeded […]

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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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Forfeiture counterclaim unsuccessful as husband fails to establish specific benefits

PMM v TNM and Others (FB) (unreported case no 282/2021, 22-6-2023) (Loubser J) The Free State Division of the High Court in Bloemfontein in the PMM v TNM case had […]

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Business rescue aimed at facilitating the rehabilitation of financially ailing companies

Rey NO and Another v Adowa Student Accommodation Co-Ownership and Others (GJ) (unreported case no 2022/26787, 3-4-2023) (Dosio J) Chapter 6 of the Companies Act 71 of 2008 (the Act) […]

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Can an employer dismiss an employee based on a breathalyser test result?

Samancor Chrome Ltd (Western Chrome Mines) v Willemse and Others (GJ) (unreported case no JR312/2020, 29-5-2023) (Van Niekerk J) Mr Willemse (employee) was employed by Samancor Chrome (employer) in September […]

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New legislation – August 2023

Legislation published from 26 May – 15 June 2023 By Shanay Sewbalas and Keagan Smith   Acts Division of Revenue Act 5 of 2023 Date of commencement: 15 June 2023. […]

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Employment law update – Resignation in the face of disciplinary action

In South African Medical Association Trade Union obo Rikhotso v MEC: Department of Health, Limpopo Province and Others [2023] 6 BLLR 575 (LC) an employee who was employed as a […]

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