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Behind bars unjustly: Navigating wrongful arrest and imprisonment in South Africa

By Mzoxolo Terrance Magadla The essential premise of law enforcement is that police officers (peace officers) must carry out their duties in accordance with the law. This article attempts to […]

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The evolution of business rescue: Insights from case law

By Graeme Fraser and Veldra Fraser It has been suggested that the modern approach to new legislation is for legislation to provide the framework or skeleton of our legal system […]

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The choice between dual or single deemed employment relationship – the big debate

Section 198A(3)(b)(i) of the Labour Relations Act 66 of 1995 (LRA) stipulates that: ‘(3) For the purposes of this Act, an employee – … (b) not performing such temporary service […]

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The critical role of witness identification in criminal cases: Ensuring reliability and accuracy

It is very important in criminal proceedings that a witness makes a positive identification of the person they claimed was the perpetrator. The court in Magadla v S (SCA) (unreported […]

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Addressing the crisis in Gauteng’s civil justice system: The role of mediation and rule 41A compliance

Gauteng’s civil justice system is in crisis. On 4 June 2024, Deputy Judge President Roland Sutherland indicated in a document titled ‘Bulletin of lead times for set-down dates in Johannesburg […]

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Balancing workplace safety and privacy: Implications of the Enever v Barloworld judgment on cannabis use policies

A recent Labour Appeal Court judgment (Enever v Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd [2024] 6 BLLR 562 (LAC)), (referred to as the Barloworld […]

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Bits and bytes: The future of the legal profession in an artificial intelligence future

The rapid advancements of Artificial Intelligence (AI) have resulted in multiple innovative ways in which AI can be used to help people. This article identifies and explores how recent developments […]

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Is it possible to challenge a maintenance order while in arrears?

It has been well documented in every court that the respondent (in most instances the fathers) will approach the maintenance court when difficulty befalls them and approach the maintenance court […]

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The art of balance: Navigating stare decisis and the temptation to intervene unnecessarily

Laing J in Cook v S (ECG) (unreported case no CA&R 141/2021, 22-2-2022) (Laing J) quotes E du Toit in Commentary on the Criminal Procedure Act (Cape Town: Juta 2021) […]

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Purposive interpretation in Miya: Implications for legal certainty

The Supreme Court of Appeal’s (SCA) ruling in Minister of Police v Miya (SCA) (unreported case no 1250/2022, 6-5-2024) (Mokgohloa, Meyer and Kgoele JJA and Baartman and Bloem AJJA) has […]

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