December 2020

The impact of the EU Regulations on fiduciary advice in South Africa

The increased tendency of South Africans to establish geographically diversified estates – whether as a result of cross-border travelling, studying, work or business opportunities – has complicated not only their […]

Read more

Negligent loss of a firearm: A dilemma for the state?

South African courts are not exactly overcrowded with prosecutions of persons who allegedly ‘lost a firearm negligently’ and are in contravention of s 120(8) of the Firearms Control Act 60 […]

Read more

The law reports – December 2020

October [2020] 4 All South African Law Reports (pp 1 – 318); October 2020 (10) Butterworths Constitutional Law Reports (pp 1173 – 1296) This column discusses judgments as and when […]

Read more

Regulation 35(4) of the Pension Funds Act regulations is declared invalid and unenforceable

Southern Sun Group Retirement Fund v Registrar of Pension Funds and Others (SCA) (unreported case no 215/2019, 2-11-2020) (Navsa JA (Zondi, Van der Merwe and Nicholls JJA and Unterhalter AJA […]

Read more

Pauperien liability: Strict liability reigns supreme again

Van Meyeren v Cloete [2020] 4 All SA 358 (SCA) It is a trite principle of South African law that the owner of a domesticated animal is liable for the […]

Read more

New legislation – December 2020

Legislation published from 1 – 30 October 2020 Bills Expropriation Bill B23 of 2020. Division of Revenue Second Amendment Bill B24 of 2020. Second Adjustments Appropriation Bill B25 of 2020. […]

Read more

Employment law update – Unfair dismissal referred to CCMA when pending automatically unfair dismissal claim in the Labour Court

In the case of Feni v Commission for Conciliation, Mediation and Arbitration and Others [2020] 10 BLLR 1001 (LAC), the Labour Appeal Court (LAC) considered whether the Commission for Conciliation, […]

Read more

Employment law update – Resigning after disciplinary inquiry but before sanction handed down and Labour Court’s jurisdiction to hear a claim for unlawful dismissal

Mthimkhulu v Standard Bank of SA (LC) (unreported case no J928/20, 18-9-2020) (Moshoana J) Pursuant to the applicant employee being found guilty of certain acts of misconduct, described as gross […]

Read more

Recent articles and research – December 2020

Accessing articles from publishers For LexisNexis articles contact: customercare@lexisnexis.co.za for the publication details. For individual journal articles pricing and orders from Juta contact Philippa van Aardt at pvanaardt@juta.co.za. For journal articles […]

Read more

Electoral reform – constitutionality of the Electoral Act

The separation of powers are meant to restrain the exercise of state power. This doctrine forms the bedrock of the constitutional state separating law-making from law enforcement from legal interpretation […]

Read more
X
South African COVID-19 Coronavirus. Access the latest information on: www.sacoronavirus.co.za