Practice area

Prerequisites for the conclusion of valid plea and sentence agreements in terms of s 105A of the CPA

A plea and sentence agreement, also known as a plea bargain agreement, is an agreement between an accused and the state, represented by the prosecutor, in terms of which an […]

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Commissioning of oaths in the 21st century

In the recent High Court judgment of Knuttel NO and Others v Shana and Others (GJ) (unreported case no 38683/2020, 27-8-2021) (Katzew AJ), the court had to decide whether the […]

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The balance between Intellectual Property and public health

Intellectual property (IP) can be defined as any idea or material that is protected by law from the unauthorised use by others (Jose Rivera ‘What Is Intellectual Property Theft?’ (www.legalmatch.com, […]

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When ‘no’ means ‘no’ – the controversy from misunderstanding the concept of sexual consent

‘Control over the sexual activity one engages in lies at the core of human dignity and autonomy’ (R v Hutchinson 2014 SCC 19). ‘Society’s commitment to protecting a person’s autonomy […]

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Parental intoxication: A scientific diagnostic approach in classifying parental substance misuse

Alcohol and drug abuse are omnipresent in South Africa (SA). The United Nations Office of Drugs and Crime (UNODC) claims that 22 million people in Africa between the ages of […]

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Testing the regulatory framework for trust accounting records

The compliance framework for keeping of trust accounting records in terms of the Legal Practice Act 28 of 2014 (the LPA) and specifically r 54 of the Rules made under […]

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Female legal practitioners are least considered when legal services are sourced

De Rebus news reporter, Kgomotso Ramotsho had the opportunity to interview, mother and daughter duo, co-founder of Molefe Dlepu Inc and former chairperson of the Legal Practice Council (LPC) and […]

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SCA has limited powers to interfere with the decisions of a trial court

Heppell v Law Society of the Northern Provinces (SCA) (unreported case no 1096/16, 22-9-2017) (Shongwe AP (Mokgohloa, Gorven and Ploos van Amstel AJJA concurring)) In the case of Heppell, the […]

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Termination of contract: Sole discretion means sole discretion

MultiChoice Support Services (Pty) Ltd v Calvin Electronics t/a Batavia Trading and Another (SCA) (unreported case no 296/2020; 226/2021, 8-10-2021) (Schippers JA and Potterill AJA (Mbha JA and Phatshoane and […]

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Employment law update – ‘Double jeopardy’ and second hearings in misconduct cases

In Anglo American Platinum Ltd (Rustenburg Platinum Mines) v Beyers and Others [2021] 10 BLLR 965 (LAC) an employee failed to comply with the employer’s safety rules as machinery had […]

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