September 2023

Enhancing effectiveness: Strengthening protection for domestic violence victims through the Amendment Act

 ‘In 2020, President Cyril Ramaphosa declared [gender-based violence (GBV)] South Africa’s second pandemic and noted that it needed to be taken as seriously as the coronavirus. Already named the “rape […]

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Why the wait? Challenging the constitutionality of the right of appearance requirement

It is an undisputed norm that any law that is inconsistent with the Constitution is invalid (s 2 of the Constitution). This is so because the Constitution is, according to […]

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The law is a tool to change society in one way or the other

In this month’s Young Thought Leader feature, De Rebus news reporter, Kgomotso Ramotsho spoke to Masai Buthane from Limpopo. Mr Buthane was born in Mokopane and grew up in Lephalale. […]

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The Law Reports – September 2023

July 2023 (4) South African Law Reports (pp 1–323); May 2023 (2) South African Criminal Law Reports (pp 1–112) This column discusses judgments as and when they are published in […]

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People and practices – September 2023

Compiled by Kevin O’Reilly Garlicke & Bousfield Inc in La Lucia has appointed Karen Slade as a Senior Associate in the Property and Conveyancing Department. Malan Scholes Attorneys in Johannesburg […]

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Substantial misconduct as a factor to grant forfeiture of patrimonial benefits of a marriage

M v M (SCA) (unreported case no 022/2022, 26-5-2023) (Mbatha JA (Molemela, Meyer and Matojane JJA and Siwendu AJA concurring)) In terms of s 9 of the Divorce Act 70 […]

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A battle between patent owners and pharmacies

Bayer Intellectual Property GMBH and Others v New Clicks South Africa (Pty) Ltd and Others (CCP) (unreported case no 2022/8099; 06238/2007, 7-7-2023) (Collis J) On 7 June 2023, more than […]

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Husband ordered to pay maintenance of stepchild while divorce is pending as he is the administrator of the joint estate

GR v RR (GP) (unreported case no 38304/21, 21-2-2023) (Noko AJ) In GR v RR the Gauteng Division of the High Court ordered that pending a divorce, the respondent continue […]

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New legislation – September 2023

Legislation published from 3 – 28 July 2023 By Shanay Sewbalas and Keagan Smith   Acts Appropriation Act 8 of 2023 Date of commencement: 7 July 2023. GN3650 GG48916/7-7-2023. Constitution […]

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Employment law update – Employee claiming damages for infringement of constitutional rights

In Letimile v Cape Town International Convention Centre Company SOC Ltd [2023] 7 BLLR 670 (LC), a disabled employee instituted a claim in the Labour Court (LC) under the Employment […]

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