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High Court rules that the common law principle of set-off is not applicable to debts arising from credit agreements regulated by the NCA

National Credit Regulator v Standard Bank of South Africa Limited (GP) (unreported case no 44415/16, 27-6-2019) (Keightley J) On 27 June, Keightley J from the Gauteng Local Division, Johannesburg ruled […]

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The death of derivative misconduct

National Union of Metalworkers of South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (CC) (unreported case no CCT202/18, 28-6-2019) (Froneman J (Mogoeng […]

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Accidentally on purpose? A case study on the fine line between intentional and negligent misconduct

Drs Dietrich, Voigt and Mia (Pty) Ltd t/a Pathcare v Bennet and Others [2019] 8 BLLR 741 (LAC) Where one draws the line on what ought to be considered as […]

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The interpretation and application of s 7 of the Admission of Advocates Act does not of itself alone raise a constitutional issue

General Council of the Bar of South Africa v Jiba and Others 2019 (8) BCLR 919 (CC) In the case of the General Council of the Bar of South Africa […]

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Employment law update – Suspension in the context of allegations of racism

In Solidarity obo Barkhuizen v Laerskool Schweizer-Reneke and Others [2019] 7 BLLR 725 (LC), a primary school teacher was suspended after a photograph of a black child seated apart from […]

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Employment law update – Bargaining Council varying the time period, as set out in the LRA, in which to refer disputes – lawful or not?

Appels v Education Labour Relations Council and Others (LAC) (unreported case no JA19/18, 10-7-2019) (Waglay JP with Jappie and Coppin JJA concurring). Section 191(1)(b)(ii) of the Labour Relations Act 66 […]

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Recent articles and research – September 2019

Accessing articles from publishers For LexisNexis articles contact: customercare@lexisnexis.co.za for the publication details. For individual journal articles pricing and orders from Juta contact Philippa van Aardt at pvanaardt@juta.co.za. For journal articles not published […]

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Nasciturus fiction: Relics of outdated perspective

The desire to prevent antenatal harm and the need to pre-empt foetal mortality has universally necessitated legal protection of unborn children. To achieve this goal, scientific and legal mechanisms designed […]

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Muslim Personal Law in South Africa: Evolution and Future Status

By Najma Moosa and Suleman Dangor (eds) Cape Town: Juta (2019) 1st edition Price R 695 (incl VAT) 465 pages (soft cover)   When South Africa (SA) crossed the Rubicon […]

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Female legal practitioners shine at WOZA Awards

By Kgomotso Ramotsho History was made as female legal practitioners were honoured at the first Women in Law Awards (WOZA). The event took place in Johannesburg on 3 August. Kgomotso […]

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