October 2020

Finding legal support in an overused term: Reconsidering the term ‘community’

In our earlier article ‘Revisiting the term “community” in the South African context’ 2018 (Dec) DR 18, we offered an account of the term ‘community’ in Western society and argued […]

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Mortgage of immovable property – a first step to alienation?

  This article was first published by Mr Abercrombie and Ms Johaardien in 2011 (March) DR 26. The Editorial Committee has agreed to re-publish the article due to the publication […]

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A look at the effective cause requirement with estate agent commission

In terms of South African law of agency (Basil Elk Estates (Pty) Ltd v Curzon 1990 (2) SA 1 (T)), before estate agents can be entitled to a commission for […]

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Calculating the levying of municipal property rates

If you are a business, residential or agricultural property owner, you will know that you are billed for certain municipal charges on a monthly basis among others, property rates. This […]

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Will the new Sulphur Regulations leave the maritime industry dead in the water?

From 1 January 2020 the new sulphur regulations came into force affecting sea transportation globally. These regulations compel both vessels and the owners thereof to ensure that their vessels burn […]

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When should a court award compensation as a remedy for unlawful administrative action?

Section 33(1) of the Bill of Rights guarantees the right to administrative action that is lawful, reasonable and procedurally fair. Pursuant to s 33(3) of the Constitution, the Promotion of […]

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The law reports – October 2020

August [2020] 3 All South African Law Reports (pp 305 – 632) This column discusses judgments as and when they are published in the South African Law Reports, the All […]

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Do indigenous communities have a customary law right to access and exploit natural resources in a ‘protected area’?

Gongqose and Others v Minister of Agriculture and Others 2018 (5) SA 104 (SCA) The National Environmental Management: Protected Areas Act 57 of 2003 (the Act) does not clearly define […]

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The Constitutional Court declares Electoral Act unconstitutional

New Nation Movement NPC and Others v President of the Republic of South Africa and Others (Council for the Advancement of the South African Constitution and Another as Amici Curiae) […]

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Costs are awarded where there is conduct that amounts to an abuse of process

Tjiroze v Appeal Board of the Financial Services Board (CC) (unreported case no CCT271/19, 21-7-2020) (Madlanga J (Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majiedt J, Mathopo AJ, Mhlantla […]

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