June 2020

The failure to mention the minimum sentence provisions in a charge sheet or indictment and the interest of justice

Nxele v S (SCA) (unreported case no 271/19, 12-3-2020) (Ledwaba AJA) (Ponnan and Nicholls JJA concurring) The sentencing phase requires a diligent application of expert skills, which should not be […]

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Briefly highlighting the importance of control in an increasingly digitalised world

Bergh and Others v Agricultural Research Council (SCA) (unreported case no 93/2019, 1-4-2020) (Navsa JA) (Wallis, Van der Merwe and Schippers JJA and Mojapelo AJA concurring) This matter relates to […]

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New legislation – June 2020

Legislation published from 1 April – 3 May 2020 Commencement of Acts Labour Laws Amendment Act 10 of 2018, ss 7, 8(b)(dA), and 12 – 16. Commencement: 1 April 2020. […]

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Employment law update – Unfair labour practice in relation to a promotion

In Department of Rural Development and Agrarian Reform v General Public Service Sectoral Bargaining Council and Others [2020] 4 BLLR 353 (LAC), the employee referred an unfair labour practice dispute […]

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Recent articles and research – June 2020

Accessing articles from publishers For LexisNexis articles contact: customercare@lexisnexis.co.za for the publication details. For individual journal articles pricing and orders from Juta contact Philippa van Aardt at pvanaardt@juta.co.za. For journal articles not published […]

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A court at war with practitioners

The recent judgment of Administrator of Dr JS Moroka Municipality and Others v Kubheka (MM) (unreported case no 1170/20, 3-4-2020) (Brauckmann AJ) on the interpretation of the lockdown regulations has […]

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Observing refugee and asylum processing centres through a constitutional lens

The process for the regulation of refugee and asylum seekers must adhere to several international and constitutional rights and obligations. Consequently, the detention and processing centres for refugees and asylum […]

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