May 2022

Leveraging technology: How can law firms best adapt to operating post-lockdown?

By Emmie de Kock Have you ever seen a black swan? Black swans are regarded to be very rare and precious, as swans are generally white. In investments circles, a […]

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Does a Master have to approve of an agreement when all heirs have given their consent to a sale?

By Kobus Els In this article, I discuss the provisions of s 47 of the Administration of Estates Act 66 of 1965, which includes a short history of the section, […]

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Failure to pay maintenance: Revisiting the remedies in the Maintenance Act

The Maintenance Act 99 of 1998 (the Maintenance Act) makes provision for various remedies pertaining to non-compliance with a maintenance order and it also renders a failure to pay maintenance […]

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Breaking the glass ceiling in the legal profession

    By Isabel Joubert The newly elected President of the Law Society of South Africa (LSSA), Mabaeng Lenyai, has certainly broken the glass ceiling in the legal profession when […]

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The Law Reports – May 2022

March 2022 (1) South African Law Reports (pp 1 – 318); March 2022 South African Criminal Law Reports (pp 229 – 338) This column discusses judgments as and when they […]

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Who has to prove that the employee did not participate in an unprotected strike?

Sephai v Barloworld Transport (Pty) Ltd (LC) (unreported case no JS411/16, 14-12-2021) (Mabaso AJ) In terms of Labour Relations Act 66 of 1995 (LRA), a strike action must comply with […]

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The lack of contractual capacity – a fatal blow to contingency fee agreements

By Dr Michele van Eck Vallaro obo BR v Road Accident Fund 2021 (4) SA 302 (GJ) and Bouwer obo MG v Road Accident Fund 2021 (5) SA 233 (GP) […]

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Protected Disclosures Act: Interdicting the employer for ‘occupational detriments’

NEHAWU obo N Phathela v Office of the Premier: Limpopo Provincial Government and Others (LC) (unreported case no J1480/2021, 7-2-2022) (Tulk AJ) The Protected Disclosures Act 26 of 2000 (PDA), […]

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New legislation – May 2022

Legislation published from 7 March – 1 April 2022 By Lauren Lloyd and Lizelle Rossouw   Acts Critical Infrastructure Protection Act 8 of 2019 Date of commencement of ss 1 […]

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Employment update – Private arbitration clauses in employment contracts

In Gerber v Stanlib Asset Management (Pty) Ltd [2022] 3 BLLR 251 (LAC) the employee sought to appeal the decision of the Labour Court (LC) in terms of which the […]

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