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Corporate Law, Partnerships & Trusts Sibergramme Issue 05 of 2016

Download issue: corplaw_5_of_2015 We have pleasure in attaching the fifth issue for 2016, in which the author, Darren Subramanien, discusses: Value-Added Tax Act 89 of 1991, section 39(1 and (7)): ABC (Pty) Ltd v Commissioner for the South African Revenue Services (VAT 1237) [2016] ZATC 1 (24 March 2016)

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SILCS Issue 20 of 2016

Download here: silcs-20-of-2016 We have pleasure in attaching the 20th SILCS for 2016, in which Owen Barrow summarises the following cases: SUPER SQUAD LABOUR BROKERS V SEHUNANE NO AND OTHERS LC    (JR2899/2012) [2016] ZALCJHB 399    1 October 2016        12 pages Bekker AJ SILCS 20/2016 Arbitration — Hearing — Postponement of — Arbitrator should consider whether party applying for […]

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Mediation Rules for Magistrate’s Courts published

The Rules that will regulate the mediation process in the Magistrate’s Courts in SA were published today.  They come into operation n 1 August 2014.  But no one should even consider venturing to court without first having read John O’Leary’s authoritative Mediation in Family & Divorce Disputes!  Click here to buy the book; and here […]

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Transport Laws and Related Matters Amendment Act, No. 3 of 2013

Transport Laws and Related Matters Amendment Act, No. 3 of 2013

The controversial new e-toll bill was passed into law by President Jacob Zuma yesterday as the Transport Laws and Related Matters Amendment Act, No. 3 of 2013.  It is not yet in operation, and will come into operation on a date determined by the President by proclamation in the Gazette. The long title provides that its purpose is: […]

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Plain language finally makes it to the High Court – Elizabeth de Stadler

Plain language and generally fair contracts are good for business. If a contract is not aimed at making the transaction understandable to consumer, what are we doing really? More importantly, if the consumer understands the contract, would the dispute have reached the court with the related legal and reputational costs? In short, contracts should be […]

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Education Department taken to court over school furniture shortages – Legal Resources Centre

DBE taken to court over school furniture shortages in the Eastern Cape Friday 19 October 2012  The Legal Resources Centre (LRC) has filed an application with the Eastern Cape High Court in Mthatha on behalf of the Centre for Child Law (CCL) and parents from three Eastern Cape schools. The matter is scheduled to be […]

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Lawyers in the CCMA – John Grogan

It’s been a long time coming – about 15 years in fact. Finally, a court has ruled (in Law Society of the Northern Provinces v Minister of Labour & others)that the CCMA’s strange rule which allows commissioners to expel lawyers from arbitrations concerning dismissals for misconduct and incapacity is irrational, arbitrary, unjustifiable and unconstitutional.

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A COURT TOO FAR? REGIONAL COURTS IN SOUTHERN AFRICA AND EUROPE – by Jeremy Gauntlett

There are three ways to view the advent of international courts – ‘Community law’, as some style it – in Europe and Southern Africa. The first is suggested by the title for this session: a noble dream, but one which wakes to disillusion, or dysfunction, or both. The second is Lacey’s antithesis: nightmare…. In Southern […]

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