Issues

Accounts receivable: Cash flow analysis

Cash is the lifeblood of business. Accounts receivable refers to the unpaid accounts for work done by the law firm. An analysis of the composition of these accounts reveals profound […]

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The circular definition: Sars’ civil judgment for recovery of tax debt

In a string of recent judgments dealing with the South African Revenue Service (Sars) appointing agents to collect outstanding tax debts, the case of Barnard Labuschagne Inc v SARS and […]

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Simultaneous or separate: A relook at Absa v Mokebe and the provision for hearing monetary judgment and executability applications simultaneously or separately

The execution process in South Africa (SA) has always followed five simple steps, namely – sending a letter of demand; serving a summons; granting a monetary court order; obtaining a […]

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The slow rise of women in the legal profession

By Patrick Bracher When I read that the United Kingdom (UK) is celebrating a centenary of women being able to enter the legal profession in 2020 it got me thinking […]

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The fine line between freedom of expression and hate speech

There is a fine line between the freedom of expression and expression that constitutes hate speech. In our society there is a constant battle as to what can and cannot […]

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The fall of SAA: A wage increase demand during economic strain

On 15 November 2019, a strike instituted by the National Union of Metalworkers of South Africa (NUMSA) and the South African Cabin Crew Association (SACCA) began at South African Airways […]

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Confirmation or rubber stamping? Understanding the surrogate motherhood agreement requirements

Surrogacy can be described as a woman (the surrogate mother) carrying a foetus for a couple or a single parent (the commissioning parents) until the birth of the child (Caroline […]

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Are the stringent COVID-19 lockdown regulations unconstitutional and unjustifiable?

On 15 March, the South African government declared a national state of disaster in terms of the Disaster Management Act 57 of 2002 (the Act). On 23 March, President Cyril […]

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The reach of the Constitutional Court: Piecemeal litigation and the principle of res judicata

The simple difficulty with the plenary jurisdiction argument is that it avoids the most important word in s 167(3)(b)(ii) of the Constitution, viz ‘if’. In short, the conditional clause ‘if’ […]

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Fighting with your shadow – understanding the concept of non-executive and shadow directors

Before I discuss the concept of a shadow director and a non-executive director, I must first explain what a director is. Section 66 of the Companies Act 71 of 2008 […]

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