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Available virtual conferencing options

On 15 August President Cyril Ramaphosa announced that South Africa will be moving to Alert Level 2 of the COVID-19 Risk Adjusted Strategy, which meant that restrictions will be relaxed […]

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Are the stringent COVID-19 lockdown regulations unconstitutional and unjustifiable?

On 15 March, the South African government declared a national state of disaster in terms of the Disaster Management Act 57 of 2002 (the Act). On 23 March, President Cyril […]

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The reach of the Constitutional Court: Piecemeal litigation and the principle of res judicata

The simple difficulty with the plenary jurisdiction argument is that it avoids the most important word in s 167(3)(b)(ii) of the Constitution, viz ‘if’. In short, the conditional clause ‘if’ […]

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Rule change to enable online elections for the Legal Practitioners’ Fidelity Fund Board

On 24 July the Legal Practice Council (LPC) issued a notice in terms of s 95(5) of the Legal Practice Act 28 of 2014 (LPA). The purpose of the notice […]

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The court’s discretionary power to award rehabilitative maintenance

In South Africa (SA), there is no law that mandates that spousal maintenance must be ordered when parties divorce. It should also be noted that neither spouse has a right […]

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Government contracts: When to rely on estoppel

Section 216(1) of the Constitution provides that national legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by […]

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Running out the clock: When to condone an unreasonable delay

The commentary on 4 Africa Exchange (Pty) Limited v The Financial Sector Conduct Authority and Others (GJ) (unreported case no 17/20474, 28-2-2020) (Molefe J) in this article will focus only […]

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Commencement of certain sections of the Protection of Personal Information Act

On 22 June President Cyril Ramaphosa announced the commencement of certain sections of the Protection of Personal Information Act 4 of 2013 (POPIA), which aims to – promote the protection […]

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Making sense of the demerit points system as a juristic person

It is common for a juristic person (a body recognised by the law as being entitled to rights and duties in the same way as a natural person) to own […]

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Dispute resolution forum: Is your pension fund regulated by the Pension Fund Act?

This article highlights an issue of concern in the South African retirement fund industry regarding the discrimination experienced by members, trustees and other retirement fund stakeholders who are not regulated […]

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