October 2022

When are defamatory statements protected by qualified privilege?

By Tshepo Mashile In the case of Rapp van Zyl Incorporated and Others v FirstRand Bank and Others [2022] 3 All SA 437 (WCC), Sher J had the occasion to […]

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Exiting debt review: The conundrum of certainty in the how and when

The scheme of the debt review model in the National Credit Act 34 of 2005 (the NCA) was explained in better detail in the reported case of Janse van Vuuren […]

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Women’s core struggle is against the values that drive our entire society and economic system

This month in our Women in Law column, we feature legal practitioner, Ugeshnee Naicker, who was born in the seaside town of Port Shepstone, located on the east coast of […]

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The Law Reports – October 2022

August [2022] 3 All South African Law Reports (pp 311 – 639); August 2022 (8) Butterworths Constitutional Law Reports (pp 907 – 1053) This column discusses judgments as and when […]

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Is res judicata an important legal principle supported by public policy and public interest considerations?

Minister of Police v Van Der Watt and Another (SCA) (unreported case no 1009/2021, 21-7-2022) (Tsoka AJA (Petse DP and Plasket and Mothle JJA and Salie-Hlophe AJA concurring)) By Maboku […]

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Who can and cannot represent companies in South African courts?

Investec Securities (Pty) Ltd v Corwil Investments Holdings (Pty) Ltd and Others (GJ) (unreported case no 2021/11126, 20-7-2022) (Wepener J) Perhaps it will be helpful to begin with the 1960s […]

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The Constitutional Court did not confirm the declaration made by High Court that s 24(2) of the LPA is unconstitutional

Chakanyuka and Others v Minister of Justice and Correctional Services; Rafoneke and Another v Minister of Justice and Correctional Services (CC) (unreported case no CCT 315/21, CCT 321/321 and CCT […]

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New legislation – October 2022

Legislation published from 4 August – 2 September 2022 By Shanay Sewbalas and Johara Ally Acts Border Management Authority Act 2 of 2020 Commencement of the Act. Commencement of ss […]

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Employment law update – Defamatory statements made by an employer

In Munthali v Passenger Rail Agency of South Africa [2022] 8 BLLR 769 (GP), the applicant was employed by the Passenger Rail Agency of South Africa Development Foundation (PRASA) as […]

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Employment law update – Exception to piecemeal reviews

Super Group Trading (Pty) Ltd t/a Supergroup Dealerships v NUMSA obo Carolus and Others (LC) (unreported case no C06/2021, 22-7-2022) (Leslie AJ) The first respondent, trade union referred an unfair […]

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