November 2020

The GEPF Divorce Debt System: Is it time for reparation or class action?

The Government Employees Pension Fund (GEPF) divorce debt system forced its members into reckless credit, in terms of the National Credit Act 34 of 2005 (NCA), which reduced their pension […]

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Finding clarity on the division of living annuities during divorce

The South African law relating to the status of living annuities when spouses are divorcing is not entirely clear. Unfortunately, neither the legislature nor the courts have provided the much […]

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Is mediation the answer in the time of COVID-19?

Under the recent and ongoing COVID-19 lockdown conditions many court cases have been halted only to be entertained at unknown later dates, understandably in adherence with relevant directives, which have […]

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Separation of church and state: Making sense of freedom of religion under lockdown regulations

A central tenet and essential element of the Christian, Jewish and Muslim religion is the ability for believers to assemble, have fellowship and meet. In the Bible (NIV), Hebrews 10:25 […]

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Street law programmes: The benefit of community service for law students is a two-way street

The Legal Practice Act 28 of 2014 (LPA), which came into force fully on 1 November 2018, places a strong emphasis on community service. One of its stated purposes is […]

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Can you sue for mental distress and disappointment following breach of contract?

In a post-industrial society, consumer goods and services are in abundance. Certainly, present day consumers enjoy the benefit of an increasing range of goods and services, and modern goods often […]

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Tax and the Constitutional Court – do they ever meet?

The Constitutional Court (CC) has delivered over 800 judgments since its inception; only four of the judgments delivered involved the application of a tax Act. In Metcash Trading Ltd v […]

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The law reports – November 2020

September 2020 (5) South African Law Reports (pp 1 – 325); September 2020 (2) South African Criminal Law Reports (pp 229 – 341) This column discusses judgments as and when […]

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Retrenchments and business restructuring

SA Airways (SOC) Ltd (In Business Rescue) and Others v National Union of Metalworkers of SA on behalf of Members and Others (2020) 41 ILJ 2113 (LAC) The previously discussed […]

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A court has no power to condone a failure to serve a notice prior to the creditor’s institution of action

Minister of Public Works v Roux Property Fund (Pty) Ltd (SCA) (unreported case no 779/2019, 1-10-2020) (Matojane AJA (Wallis, Mocumie, Molemela and Nicholls JJA)) The Supreme Court of Appeal (SCA) […]

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