March 2021

SALRC holds virtual workshop on Single Marriage Statute

By Kevin O’Reilly The South African Law Reform Commission (SALRC) held a virtual workshop on 22 February 2021 to discuss the SALRC: Discussion Paper 152 on the Single Marriage Statute: […]

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SADC Panel of International Commercial Arbitrators to promote international arbitration in the SADC region

By Kgomotso Ramotsho The Arbitration Foundation of Southern Africa (AFSA) Southern African Development Community (SADC) Division launched the inaugural SADC Panel of International Commercial Arbitrators, on 11 December 2020. The […]

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People and practices – March 2021

Compiled by Shireen Mahomed Mncedisi Ndlovu Sedumedi Attorneys in Johannesburg has four promotions. Garlicke & Bousfield Inc in Durban has two promotions and one new appointment. All People and Practices […]

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What is the relevance of the LSSA?

I have written two editorials on the existence of the Law Society of South Africa (LSSA) and the duties the organisation performs through its different departments, namely De Rebus, Legal […]

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Is a perfect storm on the way?

I am not aware of any previous period in history, when numerous events taking place simultaneously, have had such a profound impact on legal practice in South Africa (SA). At […]

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Function of the court on settlements

Many years ago, a client consulted me and instructed me to institute an action in the High Court (then known as the Supreme Court) claiming payment of a debt owed […]

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What are substantial and compelling circumstances in terms of s 51(3)(a) of the Criminal Law Amendment Act?

The term ‘substantial and compelling circumstances’ has not been properly defined by South African courts. However, in terms of s 51(3)(a) of the Criminal Law Amendment Act 105 of 1997 […]

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Does the exclusion of certain employees under ch 2 of the BCEA mean that those employees are not entitled to be compensated for overtime worked?

By Kefentse Letlala Most employment contracts specify that employees are required to work overtime. Section 10 of the Basic Conditions of Employment Act 75 of 1997 (the Act) sets out […]

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Has Muslim personal law been given recognition in the light of the recent appeal court judgment?

In the 26 years since the advent of our non-racial constitutional democracy, many Muslims have remained or have become parties to Muslim marriages, which are not recognised as valid marriages […]

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Judicial misconduct: A sword that undermines judicial integrity

South Africa (SA) is a state governed by the supremacy of the Constitution, in particular, s 2 of the Constitution dictates that: ‘This Constitution is the supreme law of the […]

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