December 2021

When ‘no’ means ‘no’ – the controversy from misunderstanding the concept of sexual consent

‘Control over the sexual activity one engages in lies at the core of human dignity and autonomy’ (R v Hutchinson 2014 SCC 19). ‘Society’s commitment to protecting a person’s autonomy […]

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Parental intoxication: A scientific diagnostic approach in classifying parental substance misuse

Alcohol and drug abuse are omnipresent in South Africa (SA). The United Nations Office of Drugs and Crime (UNODC) claims that 22 million people in Africa between the ages of […]

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Testing the regulatory framework for trust accounting records

The compliance framework for keeping of trust accounting records in terms of the Legal Practice Act 28 of 2014 (the LPA) and specifically r 54 of the Rules made under […]

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Female legal practitioners are least considered when legal services are sourced

De Rebus news reporter, Kgomotso Ramotsho had the opportunity to interview, mother and daughter duo, co-founder of Molefe Dlepu Inc and former chairperson of the Legal Practice Council (LPC) and […]

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The Law Reports – December 2021

October [2021] 4 All South African Law Reports (pp 1 – 319); October 2021 (10) Butterworths Constitutional Law Reports (pp 1087 – 1201) This column discusses judgments as and when […]

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SCA has limited powers to interfere with the decisions of a trial court

Heppell v Law Society of the Northern Provinces (SCA) (unreported case no 1096/16, 22-9-2017) (Shongwe AP (Mokgohloa, Gorven and Ploos van Amstel AJJA concurring)) In the case of Heppell, the […]

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Termination of contract: Sole discretion means sole discretion

MultiChoice Support Services (Pty) Ltd v Calvin Electronics t/a Batavia Trading and Another (SCA) (unreported case no 296/2020; 226/2021, 8-10-2021) (Schippers JA and Potterill AJA (Mbha JA and Phatshoane and […]

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New legislation – December 2021

Legislation published from 1 – 29 October 2021   Commencement of Acts Local Government: Municipal Structures Amendment Act 3 of 2021. Commencement: 1 November 2021. Proc37 GG45305/11-10-2021. Promulgation of Acts […]

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Employment law update – ‘Double jeopardy’ and second hearings in misconduct cases

In Anglo American Platinum Ltd (Rustenburg Platinum Mines) v Beyers and Others [2021] 10 BLLR 965 (LAC) an employee failed to comply with the employer’s safety rules as machinery had […]

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Employment law update – No condonation – no jurisdiction

SAMWU obo Moloisane and Others v City of Tshwane Local Municipality and Others (LC) (unreported case no JR850/19, 9-9-2021) (Prinsloo J) In this instance, three applications involving the same parties […]

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