Fixed-Term Contracts

Last week the Department of Labour introduced a slew of proposed new legislation and amendments to existing legislation. Dr John Grogan has summarised the key points in his latest (and last for 2010) Labour Law Sibergramme. In his view the most radical innovation arising from the LRA amendments will impact on fixed-term contracts. Here he […]

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The Limits of Parity

The principle of parity has its limits, decided the Labour Appeal Court: While it may be unfair to select only some employees for discipline when others have committed the same misconduct, if there is evidence against only some and not against others, those against whom there is evidence can still be dismissed while the remainder […]

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The Abuse of Trusts – The Cape High Court Issues a Warning – by Prof. R. Williams

A recent Cape High Court decision serves as a warning to all trustees, trust beneficiaries and advisers that Courts will not stand endeavours to have the wool pulled over their eyes in relation to having trusts abused. Here Professor Bob Williams of UKZN analyses the decision in Van der Merwe NO v Hydraberg Hydraulics; van […]

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Children’s Rights and Freedom of Expression

Dr Ann Skelton, the Director of the Centre for Child Law at the University of Pretoria, addresses the thorny issues around the linkage between children’s rights and the freedom of expression, referring to specific cases by way of illustrating the apparent conflicts that sometimes emerge. Children’s Rights and Freedom of Expression Dr Ann Skelton (A […]

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SCA Upholds Associated Ship Doctrin in MV Iran Dastghayb

A recent SCA case dealt with an unusual application of the Associated Ship doctrine and cited Malcolm Wallis with approval. Here Malcolm Wallis discusses the case in a postscript to his recently published book The Associated Ship & South African Admiralty Law. MV Iran Dastghayb   The final proofs of this book had been prepared […]

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A crash course in Tax Information Exchange Agreements

The attached slides formed part of a recent presentation on the development of Tax Information Exchange Agreements with tax havens and their use by South Africa in the context of the upcoming Voluntary Disclosure Programme. They also contain an example of a VDP calculation involving a pour-over trust structure, and criticise the VDP.Click here to […]

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The Lie of the Land: Law and Land Seizure in Zimbabwe 1890 – 2010

What do the land seizures by the early occupiers of what is now Zimbabwe have in common with those that we have seen in the 21st century in that same territory? Jeremy Gauntlett SC examines both in his 9th Mofokeng lecture delivered on 15 October 2010.My topic concerns the ‘pursuit’ of land between the Limpopo […]

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Breaches in Corporate Governance at Sentech – Are They Defensible?

Is the confession to Parliament by Sentech chairman Quraysh Patel that its board was ‘forced to flout sound corporate governance principles over the past few months and intervene in the day-to-day operations of the state-owned signal distributor to rescue it from the doldrums’ as defensible as he maintained? Tom Wixley, co-author of Siber Ink’s Corporate […]

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