October 23, 2020 In News

THE IMPORTANCE OF A WILL

Authored by Jordan Harris In South Africa, unlike other jurisdictions, we enjoy the privilege of freedom of testation. This allows us to choose to whom and how we wish to bequeath our estate after we…

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October 2, 2020 In News

SMART CONTRACTS

Authored by Shannon Solomon A[1]  “smart contract” is a computer code which automatically self-executes terms of an agreement. The code can either be a sole manifestation of the agreement between the parties or it could…

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October 2, 2020 In News

REGULATION 18(2) TO THE BIRTHS AND DEATHS REGISTRATION ACT NO. 51 OF 1992 DECLARED UNCONSTITUTIONAL

Authored by Shannon Solomon On 24 January 2020, the Western Cape High Court handed down judgment in Grant Cotton and Leonardo Witbooi v The Minister of Home Affairs and The Director-General: Department of Home Affairs….

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October 2, 2020 In News

LITIGATION PRIVILEGE

Authored by Shannon Solomon Confidentiality is an indispensable element within our adversarial legal system. It is a legal practitioner’s duty to conserve communication between himself and his client. It should be noted that confidentiality differs…

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September 3, 2020 In News

ELECTRONIC SIGNATURES

Contracts in the age of COVID-19 The current lockdown-related restrictions, including social distancing requirements, have posed challenges for parties intending to enter into contractual agreements. While many people may have access to a smartphone, tablet…

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September 20, 2019 In News

CORPORAL PUNISHMENT AT HOME HELD TO BE UNLAWFUL BY THE CONSTITUTIONAL COURT

The constitutional court has upheld a judgement handed down in the South Gauteng High Court that found that the use of corporal punishment in the home to be unconstitutional, specifically that the common law defence…

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November 22, 2018 In News

CANNABIS IN THE WORKPLACE

The Constitutional Court judgement in the matter Minister of Justice & Others v Prince & Others has decriminalised the cultivation, possession and use of dagga for private purposes, leaving many employers concerned with the lawfulness…

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July 27, 2018 In News

BEWARE OF EMPLOYING TEMPORARY EMPLOYEES FOR A PERIOD LONGER THAN 3 MONTHS

On 26 July 2018, the Constitutional Court handed down judgment in a case concerning the interpretation of section 198A(3)(b) of the Labour Relations Act 66 of 1995 (LRA) and whether the deeming provision resulted in…

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June 27, 2018 In News

AN ANALYSIS OF THE RIGHTS OF PERSONS HELD IN CUSTODY AS PER THE JUDGEMENT IN FLANAGAN V MINISTER OF SAFETY AND SECURITY (497/2017) 2018 ZASCA 96

The Supreme Court of Appeal handed down a landmark judgment with respect to the duty of police to ensure the safety of persons whilst in custody in Flanagan v Minister of Safety and Security (497/2017)…

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June 10, 2015 In News

CHANGE TO THE NCA REGARDING VOID TRANSACTIONS

The Constitutional Court today handed down a judgment confirming a declaration of constitutional invalidity of a provision of the National Credit Act (NCA) concerning a creditor’s right not to be arbitrarily deprived of its property. Mr…

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