June 2021

Murder! Intention, premeditation, pre-planned – what does it all mean?

The consequence of the application of s 51 of the Criminal Law Amendment Act 105 of 1997 (the Act) is of crucial importance to legal practitioners, more particularly those who […]

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Unjustifiable restriction of the constitutionally entrenched right of access to courts

This article questions the justifiability of the procedural limitation imposed in terms of s 29(1) of the Magistrates’ Courts Act 32 of 1944 (the Act) with specific reference to the […]

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Withholding retirement benefits – retirement funds boards’ duty to scrutinise employers’ requests

This article discusses the role of retirement funds boards’ when employers associated with their funds request them to withhold members’ accrued retirement benefits pending the finalisation of court cases, which […]

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Parents who assault their children – the inconsistency of applying s 297(4) of the Criminal Procedure Act

People’s conduct, and the legal consequences that follow it, should be judged based on the law in force at the time. This is a basic tenet of the South African […]

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Selling property without spousal consent – what are the consequences?

It is common knowledge that spouses married in community of property need one another to co-sign agreements and legal documents due to their limited contractual capacity. Following this logic, it […]

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The Law Reports – June 2021

April [2021] 2 All South African Law Reports (pp 1 – 322); April 2021 (4) Butterworths Constitutional Law Reports (pp 349 – 448) This column discusses judgments as and when […]

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The Prevention of Organised Crime Act empowers the High Court to make an order of forfeiture provided that the property concerned is ‘the proceeds of unlawful activities’

Bobroff and Another v National Director of Public Prosecutions (SCA) (unreported case no 194/20, 3-5-2021) (Eksteen AJA (Ponnan, Mbha and Molemela JJA and Weiner AJA concurring)) In the Bobroff case, […]

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New legislation – June 2021

Legislation published from 1 – 30 April 2021 Commencement of Acts Marine Spatial Planning Act 16 of 2018. Commencement: 1 April 2021. Proc4 GG44383/1-4-2021 (also available in isiZulu). Customs and […]

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Employment law update – Prescription of arbitration awards

In South African Tourism v Monare [2021] 4 BLLR 386 (LAC) a former employee instituted a claim for payment in respect of loss of salary. The employee had been engaged […]

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Employment law update – Denying reinstatement despite the employer’s failure to present argument why this remedy was inappropriate

Booysen v Safety and Security Sectoral Bargaining Council and Others (LAC) (unreported case no PA12/18, 30-3-2021) (Kathree-Setiloane AJA with Coppin JA and Phatshoane ADJP concurring) The facts in this matter […]

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