September 3, 2020 In News, Noteworthy Cases & Recent Work

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, Noteworthy Cases & Recent Work

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, Noteworthy Cases & Recent Work

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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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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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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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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THE CONSTITUTIONAL COURT PROTECTS VULNERABLE BUYERS

Today, the Constitutional Court handed down a judgment concerning the protection of vulnerable purchasers who pay the full purchase price for residential property but are denied transfer by a seller’s intervening insolvency. This judgment seeks to protect vulnerable…

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BEWARE YOUR GUESTS DO NOT FALL DOWN THE STAIRS

BEWARE YOUR GUESTS DO NOT FALL DOWN THE STAIRS IT COULD COST YOU AND BECOME A VERY EXPENSIVE VISIT The Supreme Court of Appeal found the following in Pauw v Du Preez (20197/2014) which judgement was delivered…

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Good News for Children under Foster Care

Today the Constitutional Court handed down judgment on whether foster child grants are deductible from compensation payable by the Road Accident Fund (RAF) for loss of support. The applicant, Mr Coughlan N.O., brought this application…

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February 5, 2014 In News, Noteworthy Cases & Recent Work

Who needs estate planning?

Countless people make the mistake of believing they don’t need an estate plan. After all, only the extremely wealthy have an “estate”… right? You might be surprised to learn that you have an estate—at least…

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