October 2021

The legal position of a child charged with a crime who is apprehended as an adult and the impact of sentencing

By Marvin De Vos ‘The Child Justice Act 75 of 2008 [the Act] was introduced to give effect to the principles in the Constitution and to domesticate the international law […]

Read more

Are fundamental human rights being eroded during the COVID-19 pandemic? A discussion of the Brits application

The Constitution of South Africa’s (SA’s) ‘Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the […]

Read more

A hard pill to swallow – an evaluation of the causes of the subsistence of pharmaceutical counterfeiting

Pharmaceutical counterfeiting was deemed a global issue in 1985 by the World Health Organisation (WHO). It still is even to this day (this indicates that this crime has been succeeding […]

Read more

Holding shadow directors responsible: A UK legislative perspective

The definition of a ‘shadow director’ as well as its constituent elements and its application within factual scenarios has been the subject of extensive commentary and the number of high-profile […]

Read more

Navigating the way of alternative dispute resolution through rough seas

In its essence, the law of the sea divides the sea into zones and specifies the rights and duties of countries in the use and conservation of the ocean environment […]

Read more

The Law Reports – October 2021

August [2021] 3 All South African Law Reports (pp 299 – 645) August 2021 (8) Butterworths Constitutional Law Reports (pp 807 – 928) This column discusses judgments as and when […]

Read more

Are employees interests overly protected during business rescue proceedings? Striking a balance for all stakeholders

South African Airways SOC Ltd (In Business Rescue) and Others v National Union of Metalworkers and Others 2021 (2) SA 260 (LAC) The COVID-19 pandemic has seen a lot of […]

Read more

The land is theirs

Council for the Advancement of the South African Constitution and Others v Ingonyama Trust and Others 2021 (8) BCLR 866 (KZP) It is often said that the South African Constitution […]

Read more

The Superior Courts Act ushered in a new dispensation in territorial jurisdiction of the High Court

Advent Oil (Pty) Ltd v Vuletjeni Trading and Projects (Pty) Ltd (MM) (unreported case no 4262/2019, 21-6-2021) (Sigogo AJ) The Mpumalanga Division of the High Court in Mbombela, removed the […]

Read more

New legislation – October 2021

Legislation published from 1 – 31 August 2021 Bills Employment Equity Amendment Bill B14A of 2020. Employment Equity Amendment Bill B14B of 2020. Compensation for Occupational Injuries and Diseases Amendment […]

Read more
X
De Rebus