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January/February 2025

The Communal Property Associations Amendment Bill and the challenges it seeks to address

It is trite that the lawlessness of the apartheid regime and its draconian legislation such as the notorious Natives Land Act 27 of 1913 (the 1913 Act), the Native Trust […]

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Employment law update – Dismissals for operational requirements

In South African Commercial Catering and Allied Workers Union obo Thage v Connect Financial Services (Pty) Ltd [2024] 11 BLLR 1130 (LAC) the employer embarked on a headcount reduction in […]

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A step towards advancing AI governance in South Africa

By Haroon Aziz South Africa’s Department of Communications and Digital Technologies issued its ‘South Africa National Artificial Intelligence Policy Framework’ document in August 2024. It is the first step towards […]

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Mismanagement and poverty in sectional title schemes: A call for legal reform

Thousands of poor sectional title schemes are in distress because they are accused of ‘mismanagement’ as contemplated in s 16(2)(a)(i) of the Sectional Titles Schemes Management Act 8 of 2011 […]

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Is the CSOS Act effective in the adjudicating process?

The Community Schemes Ombud Service (CSOS) is the custodian of the Community Schemes Ombud Service Act 9 of 2011 (the CSOS Act). Notwithstanding the fact that the purpose of the […]

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Enforceability of living wills in South Africa

Ironically, as medical technology advances and becomes more life-prolonging, a growing number of people do not want to prolong their lives when they face a terminal prognosis. This phenomenon has […]

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The legal struggles of diagnosing brain injuries in child accident victims

Brain injuries in children seem to be a highly underrated concept. It is very possible for a child to have sustained a neurological head injury, without any signs of such […]

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The Law Reports – January/February 2025

November 2024 (6) South African Law Reports (pp 1–335); November 2024 (2) South African Criminal Law Reports (pp 443–551) This column discusses judgments as and when they are published in […]

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The proper administration of justice will fall into disrepute if suspended legal practitioners are permitted to appear without consequence

S v Mkhize (Special Review) (KZP) (unreported case no RC552/2024; 15/2024, 23-12-2024) (Mossop J and Bezuidenhout J) The KwaZulu-Natal Division of the High Court set aside a sentence that was […]

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Current provisions of the BCEA governing maternity leave unfairly discriminating against natural mothers and fathers and, surrogate and adoptive parents

Van Wyk and Others v Minister of Employment and Labour and Others (Centre for Human Rights, University of Pretoria and Others as Amici Curiae) [2024] 1 BLLR 93 (GJ); (2024) […]

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