November 2021

Unmarried cohabitants: The court’s missed opportunity to adopt an inclusive approach to the term ‘spouse’

There are many varied spousal relationships. Individuals in spousal relationships – whether they are married or not – structure their relationships differently. ‘In some relationships there is a complete blending […]

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Finding the way to good governance for public benefit organisations

‘A public benefit organisation (PBO) is an organisation (whether voluntary association, trust, non-profit company, or local branch of a foreign tax-exempt charitable organisation) that does not work for profit and […]

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The Law Reports – November 2021

September 2021 (5) South African Law Reports (pp 1–325); September 2021 (2) South African Criminal Law Reports (pp 225–331) This column discusses judgments as and when they are published in […]

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Same but different: The two ways to initiate business rescue proceedings

Mango Pilots Association and Others v Mango Airlines SOC Limited (GJ) (unreported 21/35958, 10-8-2021) (Antonie AJ) The most often necessary step of placing the company under supervision and commencing business […]

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Can you use good faith to alter contractual rights and obligations?

Capitec Bank Holdings Limited and Another v Coral Lagoon Investments 194 (Pty) Ltd and Others [2021] 3 All SA 647 (SCA)   Good faith remains a fundamental principle in many […]

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The High Court must admit a non-citizen as a legal practitioner if they have satisfied the requirements of the Legal Practice Act

Rafoneke and Another v Minister of Justice and Correctional Services and Others (FB) (unreported case no 3609/2020 and 4065/2020, 16-9-2021) (Musi JP (Molitsoane J and Wright AJ)) The Free State […]

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New legislation – November 2021

Legislation published from 1 – 30 September 2021 Bills Local Government: Municipal Systems Amendment Bill B2D of 2019. Promulgation of Acts Liquor Products Amendment Act 8 of 2021. Commencement: To […]

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Employment law update – ‘Mob attack’ – doctrine of common purpose applied during strike action

In National Union of Metalworkers of South Africa obo Dhludhlu and Others v Marley Pipe Systems SA (Pty) Ltd [2021] 9 BLLR 894 (LAC), employees engaged in a work stoppage […]

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Recent articles and research – November 2021

Please note that the below abbreviations are to be found in italics at the end of the title of articles and are there to give reference to the title of […]

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