July 2023

Rule 43 and Muslim divorces: Can relief be granted if the marriage was dissolved by Sharia law?

By Prof Fareed Moosa Rule 43 of the Uniform Rules of Court was promulgated in GN R48 GG999/12-1-1965 and has largely remained untouched. In S v S and Another 2019 […]

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A legal profession where rules are not only read in books, but are practised and adhered to

Shandukani Mudau is a 28-year-old candidate legal practitioner and former President of the Black Lawyers Association Student Chapter National Executive Committee (BLA-SC NEC). Ms Mudau was born in Vyeboom village […]

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The Law Reports – July 2023

May 2023 (3) South African Law Reports (pp 1 – 326); May 2023 (1) South African Criminal Law Reports (pp 447 – 564) This column discusses judgments as and when […]

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Employer to reinstate and pay employee after dismissal was procedurally and substantively unfair

Sibanyoni v Seriti Power [2023] 6 BALR 701 (CCMA) The Commission for Conciliation, Mediation and Arbitration (CCMA) was required to determine whether the respondent acted fairly by conducting a second […]

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Pension interest in divorce: is it time to reform s 7 of the Divorce Act?

CNN v NN [2023] 2 All SA 365 (GJ) Usually when parties divorce, a decree of divorce will indicate that the divorcing parties have agreed or been ordered to divide […]

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New legislation – July 2023

Legislation published from 24 March – 19 May 2023 By Shanay Sewbalas and Johara Ally   Acts Customs and Excise Act 91 of 1964 Amendment to part 2 of sch […]

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Employment law update – Does a refusal to work overtime constitute insubordination?

In Association of Mineworkers and Construction Workers Union obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration and Others [2023] 5 BLLR 403 (LC), four employees, employed by […]

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Employment law update – Lock-out in response to a strike: Distinction between a terminated and suspended strike

National Union of Metalworkers of SA v Trenstar (Pty) Ltd (2023) 44 ILJ 1189 (CC)   Section 76(1)(b) of the Labour Relations Act 66 of 1995 (LRA) reads: ‘An employer […]

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Recent articles and research – July

Please note that the below abbreviations are to be found in italics at the end of the title of articles and are there to give reference to the title of […]

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