THE IMPORTANCE OF A WILL
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 die. Individuals work hard…
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SMART CONTRACTS
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 be used to compliment…
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REGULATION 18(2) TO THE BIRTHS AND DEATHS REGISTRATION ACT NO. 51 OF 1992 DECLARED UNCONSTITUTIONAL
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. The case concerned the…
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LITIGATION PRIVILEGE
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 from the doctrine of…
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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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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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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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