Monday, May 13, 2013
In this edition of Law Letter we turn our spotlight onto trusts, product liability, mining rights, suretyships, and the approach of our courts to evidence, fairness, equality, freedom and justice. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney. We welcome your comments and suggestions.
This Spring edition of Law Letter as the 2011 Rugby World Cup tournament kicks off surveys recent court decisions on labour law, property rights, personally injury claims, tax law and looks at the impact of the Consumer Protection Act on franchise agreements. We also report on advocates practising at the Bar in South Africa. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure you consult your attorney. We welcome your comments and suggestions.
Rugby injuries, soccer stadiums, the taxman, debtors, creditors, directors and shareholders, local authorities and trade marks all feature in this early summer edition of Law Letter. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure you consult your attorney. We welcome your comments and suggestions.
2012 promises to be a challenging year, not least for lawyers and their clients. This first edition of Law Letter deals with a variety of recent decisions of our courts which we are confident will enable our readers to keep abreast of legal developments in an entertaining and informative way. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney. We welcome your comments and suggestions.
This summer edition of Law Letter introduces our readers to the way our courts have recently dealt with granting access to information in the public interest, and the displeasure of our judges where the court process and the right of the public are abused. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney. We welcome your comments and suggestions.
Prisons, policemen, trusts, the media and insolvency all feature in this Autumn edition of Law Letter. We also review a new handbook on an important aspect of employment law. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney. We welcome your comments and suggestions
In terms of the Children’s Act, Act 38 of 2005, there is a duty on, inter alia, psychologists, social service professionals, social workers, medical practitioners, dental practitioners, nurses and teachers, who on reasonable grounds conclude that a child has been (i) abused in a manner causing physical injury, (ii) sexually abused; or (iii) deliberately neglected, to report this to a designated child protection organization, the Provincial Department of Social Development or a police official.
On 28 April 2011 the North Gauteng High Court found in favour of AgriSA in a test case in which AgriSA endeavoured to prove that the enactment of the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) did expropriate mineral rights and that compensation is payable to the erstwhile holders, as provided in section 25 of the Constitution.
On 13 June 2012, the Constitutional Court handed down judgement concerning the constitutionality of a law which makes organisers of gatherings liable for damages caused by the gathering unless they took all reasonable steps within their power to avoid the damage and they did not reasonably foresee the damage.
On 23 July 2010 Regulations relating to fines which may be imposed by a Preliminary Committee of Enquiry or a Professional Conduct Committee on practitioners found guilty of improper or disgraceful conduct under the Health Professions Act, came into effect.