September 2022

Why it is imperative that we build a more climate and disaster resistant South Africa

Weather patterns over the past five to ten years indicate that South Africa is increasingly vulnerable to the impacts of climate change. The World Meteorological Organisation (WMO), which is a […]

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Ethical and liability considerations of a termination of the legal practitioner’s mandate

The relationship between a legal practitioner and their client originates from the mandate given by the latter to the former. The relationship exists for as long as the mandate is […]

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Can banks be held liable to a third-party creditor of an account holder for allowing funds held by them to be misappropriated by the account holder?

Is your money or money to which you have legal claim to safe in cases where you have warehoused it in another bank account that does not belong to you? […]

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Has POPIA adequately prepared people to exercise their right not to be subject to automated decision-making?

Transparency and accountability are enduring principles of any healthy system of governance and regulation. The Protection of Personal Information Act 4 of 2013 (POPIA) ostensibly seeks to regulate the personal […]

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To speak or not to speak, that is the question: Does prima facie evidence place an evidentiary burden on the accused to lead evidence?

The South African criminal justice system is one of the most constitutionally progressive justice systems globally and the progressive nature of the criminal justice system has its foundations in the […]

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Leaving behind a legacy, where the legal system and society recognises women as individuals with their own rights

For the September Women in Law Feature, De Rebus news reporter, Kgomotso Ramotsho, interviewed legal practitioner and Director of the Women’s Legal Centre (WLC), Seehaam Samaai. Ms Samaai is a […]

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A discussion on the debt review process and conflicting judgments from South African courts

There have been several conflicting judgments pertaining to the debt review process. The conflicting judgments pertained to whether – a High Court has inherent jurisdiction to declare a consumer ‘no […]

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Public interest justification for mergers – the need for legal certainty in approach to s 12A(3)(e)

One of the cornerstones of the South African Constitution is the achievement of equality. The duty to achieve a South Africa (SA) for all, is widely recognised by laws and […]

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The Law Reports – September 2022

July 2022 (4) South African Law Reports (pp 1–321); July 2022 (1) South African Criminal Law Reports (pp 1–121) This column discusses judgments as and when they are published in […]

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Labour Court finds serious irregularities as presiding officer fails to apply her mind to the evidence before her

Department of Health, Western Cape v Twalo and Another [2022] 8 BLLR 741 (LC) In the case of Twalo, the Department of Health in the Western Cape (applicant) brought an […]

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