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Surrogacy and the courts’ criteria for being suitable

Surrogacy agreement confirmation applications have become voluminous. This is often caused by the extensive nature of the clinical psychologist’s report on the suitability of the intended surrogate mother. The reason […]

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Striking a balance in bail proceedings – how does a court determine bail in the interest of justice?

The ‘interest of justice’ principle would be meaningless and ineffective without the court carrying out its legislative duties of ensuring that a balance is struck in each and every bail […]

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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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Clarifying the term pension fund in the Divorce Act and the Pension Fund Act

On 3 December 2019 the Supreme Court of Appeal (SCA) delivered a judgment in the case of Nailana v Nailana (SCA) (unreported case no 714/2018, 3-12-219) (Swain JA (Petse DP, […]

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Seen on social media – July 2020

This article was first published in De Rebus in 2020 (July) DR 27.

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The law reports – July 2020

May 2020 (3) South African Law Reports (pp 1 – 323); May 2020 (1) South African Criminal Law Reports (pp 449 – 559) This column discusses judgments as and when […]

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Retrenchment consultations: The hierarchy and priority given to collective agreements in the retrenchment consultation process challenged

AMCU and Others v Royal Bafokeng Platinum Ltd and Others 2020 (3) SA 1 (CC) Retrenchments are, in South Africa, unfortunately always lingering in the air for workers, especially in […]

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Analysis of the Women’s Legal Centre Trust case

Women’s Legal Centre Trust v President of the Republic of South Africa and Others 2018 (6) SA 598 (WCC) The Western Cape Division of the High Court in Cape Town […]

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The protection of consumers under the NCA

Shoprite Investments Limited v National Credit Regulator (GP) (unreported case no A509/2107, 18-12-2019) (Janse van Nieuwenhuizen J)   By Nomthandazo Mahlangu The National Credit Act 34 of 2005 (NCA) regulates […]

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