November 2022

Determining what ‘in the presence’ means for the virtual commissioning of oaths

  By Danielle Hugo One of the challenges that had to be overcome within the legal arena – following the disruption caused by the COVID-19 pandemic – was that of […]

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Is the divorce court’s discretion to transfer assets as per the Divorce Act unconstitutional?

In G v Minister of Home Affairs and Others (Pretoria Attorneys Association as Amicus Curiae) [2022] 3 All SA 58 (GP), s 7(3) of the Divorce Act 70 of 1979 […]

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Child offenders and the rationale behind different sentencing considerations

  The commission of serious violent crimes such as rape, robbery and murder seem to be the order of the day in South Africa. Quite distressingly, many of the perpetrators […]

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The Law Reports – November 2022

September 2022 (5) South African Law Reports (pp 1 – 321); September 2022 (2) South African Criminal Law Reports (pp 233 – 347) This column discusses judgments as and when […]

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It is for a good reason that the legal profession has strict ethical rules to prevent malfeasance

The South African Legal Practice Council v Teffo (GP) (unreported case no 10991/21, 16-9-2022) (Bokako AJ) The Gauteng Division of the High Court has struck controversial legal practitioner Malesela Daniel […]

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Enforceability of warranties and indemnification in sale of business contracts

EBS International (Pty) Ltd and Another v Wright (WCC) (unreported case no 19128/2020, 9-5-2022) (Wille J) It is often prudent that in any agreement, particularly sale of business transactions that […]

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What constitutes a sufficient trigger for the National Credit Regulator to initiate complaints into alleged contraventions of the National Credit Act?

National Credit Regulator v Dacqup Finances CC t/a ABC Financial Services – Pinetown and Another (SCA) (unreported case no 382/21, 24-6-2022) (Nicholls JA (Makgoka and Gorven JJA and Phatshoane and […]

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New legislation – November 2022

Legislation published from 2 – 30 September 2022 By Shanay Sewbalas and Johara Ally Acts Compensation for Occupational Injuries and Diseases Act 130 of 1993 Increase in monthly pensions and […]

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Employment law update – Reinstatement

In Mthethwa v Commission for Conciliation, Mediation and Arbitration and Others [2022] 9 BLLR 814 (LAC) the employee had been dismissed following altercations that she had with two employees. In […]

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Employment law update – Doctrine of common purpose

NUMSA obo Dhludhlu and Others v Marley Pipe System (SA) (Pty) Ltd (CC) (unreported case CCT233/21, 22-8-2022) (Madlanga J (Kollapen J, Majiedt J, Mathopo J, Mhlantla J, Mlambo AJ, Theron […]

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