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THE ART OF WAR by SUN TZU

Jul 5, 2021Jul 5, 2021Abrie van der Merwe

  As interpreted by a South African Criminal Defence Attorney  In the novel “Romance of the Three Kingdoms”, written sometime during the 14th Century we find one of the best examples of the famous “empty fort” strategy.  In summary: Shuge Liang was
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BAIL – A RIGHT IN TERMS OF THE CONSTITUTION AND NOT PUNISHMENT

Jun 18, 2020Jun 18, 2020JP Venter

When a suspect in a murder case is granted bail we hear people utter sentiments like “is a life only worth R8000 in South Africa“ or “he killed someone and he gets away with only paying R8000”.  When hearing such misperceptions about
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ROAD FREIGHT EMPLOYMENT CONTRACTS AND THE NATIONAL BARGAINING COUNCIL: Dire civil and criminal consequences for non-compliance

Jun 11, 2020Jun 11, 2020JP Venter

A word of caution to Employers operating in the Road Freight and Logistics Industry. Whether you are registered or not, the wide application of the Main Collective Agreement of the National Bargaining Council for Road Freight and Logistics Industry might have dire
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CUSTOMARY MARRIAGES – DIVORCE AND REMARRIAGE

Jun 10, 2020Jun 10, 2020Amorette Gangel

Does a second customary marriage override the first marriage? In the Supreme Court of Appeal, and in the matter of Matsatsi Dinah Tiny Monyepao v Mokgaetji Maria Ledwabaand Others, the following question arose: can a civil marriage invalidate a customary marriage (entered
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Davis Judgement – To Claim or Not to Claim for Damages – the Question on everyone’s lips

Jun 4, 2020Jun 5, 2020Amorette Gangel

On the 2nd of June, 2020, Judge Norman Davis afforded the Minister of Cooperation and Traditional Affairs to review, amend and republish the lockdown regulations (save for regulations 36, 38, 39(2)(d) and (e) and 41) after declaring the remainder of the regulations
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Judicial Overreach? – Unconstitutionality of State of Disaster Regulations per Judge Norman Davis in the De Beer matter

Jun 3, 2020Jun 3, 2020Piet Du Plessis

There is a widely held perception that many of the Regulations enacted by the Government in terms of the Disaster Management Act are not based on rational considerations relating to curbing the spread of COVID-19 and saving lives while preserving livelihood.   However,
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Video Recording Members of the South African Police Services on duty

Jun 1, 2020Jun 3, 2020Stiaan Krause

In the wake of a worldwide pandemic and increased reports of police brutality during these trying times, the question arises whether a member of public is permitted to film members of the South African Police Services or members of the Metropolitan Police
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DIRECTIVES BY THE NATIONAL COMMISSIONER OF POLICE RELATING TO ARRESTS AND USE OF FORCE RELATING TO THE MANAGEMENT OF THE COVID-19 SITUATION

May 28, 2020Jun 3, 2020Piet Du Plessis

In a letter directed by the National Commissioner of the South African Police to all police officers and members of municipal police services, the use of arrest as a means of bringing alleged offenders before court and the use of force in
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COMPANIES IN FINANCIAL DISTRESS – BUSINESS RESCUE PROCEEDINGS AND THE POSSIBLE CRIMINAL AND CIVIL PITFALLS OF NOT ACTING TIMEOUSLY AND WISELY

May 27, 2020Jun 3, 2020Ulrich Kruger

Whilst waiting to see what the exact consequences of Covid-19 are going to be, directors of companies should continue to remain aware of their legal duties and liabilities which they have towards their company. In terms of Section 76 of the Companies
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Maintenance – Time to Revisit your Maintenance Obligations

May 26, 2020Jun 3, 2020Amorette Gangel

There can be no doubt that this National Lockdown has created many uncertainties regarding the do’s and don’ts of maintenance. Further, many South African citizens have taken a pay cut, been retrenched or are simply not receiving a salary due to the
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