Practice area

Employment law Update – Discrimination for false allegations of racism and insubordination

In Legal Aid South Africa v Mayisela and Others [2019] 5 BLLR 421 (LAC), the Labour Appeal Court (LAC) had to determine whether an employee’s dismissal for false allegations of […]

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Employment law Update – Limitations on awarding protected promotions

Ekurhuleni Metropolitan Municipality and Another v SALGBC and Others (LC) (unreported case no JR369/15, 10-5-2019) (Whitcher J). Having worked for the applicant municipality for 15 years, during which time he […]

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Makate v Vodacom: Intellectual property in mist of a contractual dispute

The case between Makate and Vodacom (Makate v Vodacom Ltd 2016 (4) SA 121 (CC)) is mostly categorised as a contractual dispute. The case stems from an oral agreement, for […]

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When is it not required to warn an employee of poor work performance?

It is uncommon that, an employer dismisses an employee for poor work performance without a formal notification or reasonable opportunity to improve their performance. This may, however, happen in two […]

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The termination of consent of lawful occupiers

By Johan van der Merwe Consent is the necessary condition to perform certain acts lawfully, and to gain or lose a particular legal status. Issues pertaining to consent are widespread […]

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Parental rights in known sperm donor agreements

By Herbert James David Robertson The South African family law fraternity is familiar with surrogacy agreements. The surrogacy agreement has been incorporated into South African family law with the introduction […]

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Indigenous communities and land claims – a discussion

By George Barrie In the article ‘Revisiting the term “community” in the South African context’ 2018 (Dec) DR 18, Udo Richard Averweg and Professor Marcus Leaning once again brought to […]

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LLB graduates from private institutions are qualified to enter professional legal practice

Independent Institute of Education (Pty) Ltd v The KwaZulu-Natal Law Society and Others (KZP) (unreported case no 9090/18, 22-2-2019) (Sibiya AJ) In this significant judgment, the applicant was the Independent […]

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Legality of occupation of property by homeless persons

Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another (SCA) (unreported case no 734/2017, 3-4-2019) (Maya P) (Dambuza, Van der Merwe, Schippers JJA and Nicholls AJA concurring) ‘Homelessness […]

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Professional indemnity insurance

Centriq Insurance Limited v Oosthuizen and Another (SCA) (unreported case no 237/2018, 14-3-2019) (Cachalia JA) (Mbha, Mathopo JJA and Dlodlo and Rogers AJJA concurring) The Supreme Court of Appeal’s (SCA) […]

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