January/February 2023

How uneven allocation of police resources results in discrimination of poorer communities

Section 9(3) of the Constitution prohibits unfair discrimination against anyone. This article aims to unpack the most recent judgment handed down by the Constitutional Court (CC) on 19 July 2022 […]

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Stare decisis rule and the importance of interpreting statutes correctly

Stare decisis is integral to the rule of law. The term stems from the Latin maxim stare decisis et non quieta movere, which means to stand by decisions and not […]

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SARS Voluntary Disclosure Programme – what must your client know?

On 28 June 2021, the South African Revenue Service (Sars) issued version 2 of its External Guide: Voluntary Disclosure Programme (the Guide). The Guide provides that the purpose of Sars’s […]

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How to use public policy to remedy trust law disputes

By Marietjie du Toit ‘A fundamental characteristic of South African constitutionalism is the principle of respect for the law’ as confirmed by P De Vos, W Freedman, D Brand, C […]

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Over-thinking the Protection of Personal Information Act: The last POPIA book you will ever need

By Sarah De Jager (ed), Elizabeth De Stadler; Ilze Luttig Hattingh; Paul Esselaar and Jessica Boast Cape Town: Juta (2021) 1st edition Price: R 609 (including VAT) 752 pages (soft […]

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The two pathways of initiating business rescue proceedings

‘The interpretation of statutes or to be more precise, the judicial understanding of the legal rules, deals with those rules and principles which are employed to construct the correct meaning […]

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The Law Reports – January/February 2023

November 2022 (6) South African Law Reports (pp 1 – 321); November 2022 (2) South African Criminal Law Reports (pp 459 – 568) This column discusses judgments as and when […]

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High Court violates Constitution for not granting an opportunity to have case heard in a public court

Samuels v South African Legal Practice Council (formerly Law Society of the Northern Provinces) (SCA) (unreported case no 1112/2021, 7-12-2022) (Petse DP; Mothle JA; and Daffue, Windell and Siwendu AJJA) […]

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New legislation – January/February 2023

Legislation published from 14 November – 9 December 2022 By Shanay Sewbalas and Johara Ally   Acts Customs and Excise Act 91 of 1964 Amendment to Part 1 of sch […]

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Employment law update – The LC jurisdiction in terms of s 77(3) of the BCEA

South African Municipal Workers obo Morwe v Tswaing Local Municipality and Others (LAC) (unreported case no JA12/21, 27-9-2022) (Sutherland JA with Waglay JP and Kathree-Setiloane AJA concurring) The appellant union, […]

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