January/February 2021

Is the remission of jail sentences constitutionally unfair?

Apologies, if I come across as treading down the path of deliberative discourse, but one cannot ignore topical and emotive considerations. The first, evidenced by the epideictic rhetoric of Reverend […]

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South Africa aligning its maritime industry with the globe through the Merchant Shipping Bill, 2020

The South African government aims to bring the Merchant Shipping Bill, 2020 (the Bill) into law with a view of aligning the South African maritime industry with that of the […]

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Do regional courts have jurisdiction to order an assessment of parties by an expert in post-divorce proceedings?

The question addressed herein is whether the regional court has jurisdiction to – post-divorce, on the substantive application of a party to the divorce – order the parties and minor […]

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Taking your slice of the shareholder pie: A discussion on authorised and issued shares

Authorised shares in a company are the maximum amount of shares that the company is authorised by its memorandum of incorporation (the MOI) to issue to shareholders. The company’s board […]

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Protection from unlawful dispossession using the spoliation remedy

The year 2020 will remain indelibly inscribed on the collective memory of the human race. It was a year of unpredictable developments, unexpected surprises and once-in-a-lifetime experiences. While some of […]

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Do traditional leaders enjoy judicial immunity?

Judicial immunity is a common-law concept, derived from judicial decisions. It is a form of protection afforded to judicial officers by public policy in the performance of their duties. One […]

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Survival of alternative dispute resolution clauses in the event of fraud

Verbal and written contracts are an essential part of everyday life. Contracts embody the security that parties rely on, to enforce the performance of obligations arising out of the contracts. […]

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The law reports – January/February 2021

November 2020 (6) South African Law Reports (pp 1 – 324) This column discusses judgments as and when they are published in the South African Law Reports, the All South […]

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Can information be requested in terms of the Mineral and Petroleum Resources Development Act?

Baleni and Others v Regional Manager: Eastern Cape Department of Mineral Resources and Others (Centre for Applied Legal Studies as amicus curiae) [2020] 4 All SA 374 (GP) On 11 […]

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Which Act should legal practitioners rely on when applying for admission to practice on or after the commencement of the LPA?

Donaldson v Legal Practice Council (GJ) (unreported case no 15295/2020, 5-11-2020) (Lamont J (Meyer J and Harrison AJ concurring)) In the Donaldson matter, the Gauteng Local Division of the High […]

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