November 2021

People and practices – November 2021

Compiled by Shireen Mahomed DSC Attorneys in Cape Town has appointed Zuko Mtlomelo as a legal practitioner. Motsoeneng Bill Attorneys Inc in Johannesburg has two promotions and one appointment. Phatshoane […]

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The professional indemnity claims trends

At the end of the 2020/2021 scheme year on 30 June 2021, the Legal Practitioners Indemnity Insurance Fund NPC (the LPIIF) had 2 355 outstanding claims recorded. The reserve amount […]

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Controversial new test for ‘ordinary course of business’

The Consumer Protection Act 68 of 2008 (CPA) provides a wide range of protections to consumers. It has a particularly complex set of legal rules, which determine when the Act […]

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Sanity now prevails in the B-BBEE landscape

The Department of Trade, Industry and Competition (DTIC) recently published Practice Note 1 of 2021: Rules for Discretionary Collective Enterprises, together with an explanatory memorandum (GN428 GG44591/18-5-2021). This Practice Note […]

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Zero rated contracts in South Africa

This article evaluates how South African law addresses the circumstances where employers do not prescribe hours, which their employees are expected to work and exercise their discretion as to when […]

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Dissolving an unregistered Customary Marriage

After the conclusion of the customary marriage, it is likely that the parties in a customary marriage do not register their marriage as it could take weeks, months, or years, […]

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Universal Health Coverage: Has the COVID-19 pandemic brought about the need for access to health for all?

The questions around the access to COVID-19 vaccines have raised debates globally and the challenges of the vaccination roll outs in South Africa (SA) have left the majority of citizens […]

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Show me the money – maintenance for dependent children

This article reflects on circumstances where persons who have reached age of majority, but are still dependent on their parents can claim financial support from them. Most children when they […]

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The constitutional conundrum of the rights of children and known sperm donors

The rights of children are of paramount importance in terms of s 28 of the Constitution and s 38 of the Children’s Act 38 of 2005. The High Court is […]

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Implementing enforceable accountability: Finding a solution for failing state-owned companies

The performance of State-Owned Companies (SOCs) in South Africa (SA) has been on a downward trajectory over the last decade. Against a backdrop of many issues, these SOCs are plagued […]

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