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Practice area

What constitutes an ‘employment contract within South Africa’? – s 23(2) of the Companies Act 71 of 2008

By Heather Brownell Section 23 of the Companies Act 71 of 2008, which came into effect on 1 May 2011, deals with the situation where a foreign company is required […]

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Section 85 of the NCA – a lifeline for debtors

By Ronél de Klerk A string of recent judgments regarding debt review as envisaged in the National Credit Act 34 of 2005 (NCA) has rocked the proverbial boat for consumers, […]

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Rescission of a tax ‘judgment’

By Fareed Moosa The Income Tax Act 58 of 1962 and the Value-Added Tax Act 89 of 1991 (VAT Act) impose on taxpayers a liability to the fiscus on the […]

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Recovery of overpaid salaries – what’s fair?

By Brenda Wardle Questions are frequently asked about the correctness and constitutionality of deductions made by an employer following erroneous payments of salaries and/or benefits and, in the case of […]

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‘Divorce’ of cohabitees: Can pension benefits be shared?

By Deborah Escott-Watson It is becoming increasingly common for people to eschew the traditional concept of marriage and instead opt to cohabit without getting married. As the Domestic Partnership Bill […]

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The Protection of State Information Bill: Is the ‘liberator’ crossing the floor?

By Lesirela Letsebe The democratic South African government has aroused a huge outcry by introducing the Protection of State Information Bill (B6 of 2010), which some media have likened to […]

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Employment law update – A second bite at the proverbial cherry

Gauteng Shared Services Centre v Titus Sello Ditsamai (LAC) (unreported case no JA44/09, 7-12-2011) (Davis JA) By Moksha Naidoo In the case of MEC, Department of Education, KwaZulu-Natal v Khumalo […]

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Employment law update – Appeals against exception rulings

By Talita Laubscher The applicant in Charlton v Parliament of the RSA [2011] 12 BLLR 1143 (SCA) was employed as the chief financial officer of parliament, which position he held […]

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When a beneficiary predeceases a life insurance policy holder

PPS Insurance Company Ltd and Others v Mkhabela (SCA) (unreported case no 159/2011,14-11-2011) (Cachalia JA) By Dwight Buys The life assured is the person whose life is insured under a […]

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Choosing the right expert in a medical negligence case

‘How do you ensure that the opinion of your expert is favourably considered?’ By Maud Letzler As the sun sets on personal injury law as we know it in South […]

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