November 2023

A discussion on the legal position of adult dependent children

The Supreme Court of Appeal (SCA) on 21 July 2022 in a unanimous decision of Z v Z 2022 (5) SA 451 (SCA) dispelled the notion that mothers cannot apply […]

Read more

Doctrine of common purpose: Can the actions of one accomplice be attribute to others?

The common purpose principle is used by our courts in order to establish whether the actions of one of the perpetrators can be imputed on the others in order to […]

Read more

Checks and balances: Monitoring the separation of power and judicial independence

‘[T]he Constitution, at least per se matter, does not forbid judges to wear two hats; it merely forbids them to wear both hats at the same time’ (Ronald J Krotoszynski […]

Read more

Becoming a legal practitioner is the best way to fight for vulnerable people

For the November Young Thought Leader feature column, De Rebus spoke to Wian Spies who was born in Pretoria. He is the eldest of four children. In 2012, he started […]

Read more

The Law Reports – November 2023

September 2023 (5) South African Law Reports (pp 1 – 318); September 2023 (2) South African Criminal Law Reports (pp 221 – 321) This column discusses judgments as and when […]

Read more

A husband repeatedly in contempt on his obligation on Rule 43 Order

SFS v AJS (GJ) (unreported case no 11676/2018, 11-10-2023) (Nkutha-Nkontwana J)  The Gauteng Local Division of the High Court authorised and issued a warrant of arrest of the respondent in […]

Read more

Pacta sunt servanda is not a holy cow that can never be slaughtered

Ndebele and Another v Industrial Development Corporation of South Africa and Others (GJ) (unreported case no 21687/2021, 25-7-2023) (Strydom J) In the recent judgment of Ndebele and Another v Industrial […]

Read more

New Legislation – November 2023

Legislation published from 1 – 29 September 2023 By Shanay Sewbalas and Keagan Smith   Acts Customs and Excise Act 91 of 1964 Amendment of part 1 to sch 5 […]

Read more

Employment law update – The scourge of misrepresenting qualifications

In Lesedi Local Municipality v Mphele and Others [2023] 9 BLLR 939 (LC), the Labour Court (LC) held as follows: ‘We live in a world; where inauthenticity and fake credentials […]

Read more

Recent articles and research – November 2023

Abbreviation Title Publisher Volume/issue EL Employment Law Journal LexisNexis (2023) 39.4 (2023) 39.5 ILJ Industrial Law Journal Juta (2023) 44 JCLA Journal of Comparative Law in Africa Juta (2023) 10.1 […]

Read more
X
De Rebus