Monday, May 13, 2013
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.
Our spotlight in this edition illuminates the variety of issues that come before our courts – banks and their customers, competing brands, neighbours, employers and their workers, criminals and their victims. 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This edition of Law Letter highlights how our courts deal with changes in society – bringing outdated practices and views in line with the principles and values of our constitutional democracy. 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 highlights the approach our courts adopt to the enforcement of rights – the right to assemble, the right to property, the right to receive and impart information, and the right to compensation for expropriation of property. 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 Winter edition of Law Letter brings to our readers recent cases on corporate business rescue, the consequences of death on wills and life policies, the importance of complying with the terms of a contract and the evidence of self-confessed criminals. We also include another of our popular book reviews. Please remember that the contents of Law Letter do not constitute legal advice. For specific professional assistance, always ensure that you consult your attorney.
This mid-year edition of Law Letter shines our spotlight on recent decisions of our High Courts, Supreme Court of Appeal and Constitutional Court relating to housing, business rescue, defamation, maintenance, surrogate parenthood and legal ethics. We also review an important new book on parole. 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.
The new Companies Act came into effect on 1 May 2011. All registered companies should within a two-year period (i.e. before 1 May 2013) convert their existing Memorandum and Articles of Association into a Memorandum of Incorporation (MOI). This conversion should be completed before 1 May 2013 and MacRobert Attorneys can assist you with such conversion.