This is a bittersweet moment for me as I pen my last editor's note for De Rebus. By the time you receive this month's issue, I will have taken up a new post as group courts and law editor at the Times Media Group.
The Queen Mary School of International Arbitration in London recently conducted a survey on international arbitration. During a presentation at the Arbitration Foundation of Southern Africa in Johannesburg, Colm Tonge, partner at PricewaterhouseCoopers (PwC), which sponsored the survey, highlighted important aspects of the research.
The second set of submissions made by the Law Society of South Africa (LSSA) on the Legal Practice Bill (B20 of 2012) in May this year focused on responding to a number of questions raised by the Justice Portfolio Committee during oral hearings on the Bill, which were held in February. While the LSSA news column in the June issue of De Rebus (2013 (June) DR 11) provided a brief overview of the submissions, this article sets them out in detail.
On 15 May the Law Society of South Africa (LSSA) expressed concern at the tone of questioning of the Office of the Public Protector by members of the Portfolio Committee on Justice and Constitutional Development during public hearings on the Public Protector's budget and strategic plan for 2013/14 earlier in May.
One plus one makes three: That is the special alchemy of a merger or an acquisition.
For many attorneys, mergers and acquisitions might seem like a branch of the law that is in the purview of a select group of attorney firms.
This article provides basic guidance on what a merger involves and, hopefully, demonstrates that, just like the South African bush is not dominated by the 'Big Five' only, mergers can also be undertaken by smaller firms.
It is not uncommon for spouses married in community of property to borrow funds under a secured loan or to be mortgagors under a mortgage agreement in which they pledge their immovable property as security for a loan. In such instances, they are 'consumers' as defined in s 1 of the National Credit Act 34 of 2005 (NCA). The lender or mortgagee (as the case may be) is a 'credit provider' as defined (s 1) (see ABSA Bank Ltd v Brown and Another; ABSA Bank Ltd v Van Deventer and Another  JOL 28445 (ECP)).
The National Credit Act 34 of 2005 (NCA) aims, as part of its raison d'être, to promote a consistent enforcement framework relating to consumer credit. It provides, in s 3(d), that its purposes include protecting consumers by promoting equity in the credit market by balancing the rights and responsibilities of credit providers and consumers.
27 April 2013 marked more than just Freedom Day for South Africans, as the long-awaited Protection from Harassment Act 17 of 2011 (the Act) came into operation.
Victims of harassment by means of abusive electronic communication via social media platforms, such as Twitter, Facebook and Mxit; as well as sexual harassment; stalking; and school bullying, have greater protection following the enactment of the Act.
Mthunzi Mhaga, spokesperson for the Justice Department, is reported as stating that the legislation was introduced due to the significant increase in the number of harassment complaints (eNCA 'New Act could protect youth from harassment on social media' eNCA 30-4-2013 (www.enca.com/south-africa/new-act-could-protect-youth-harassment-social-media, accessed 2-5-2013)).
Parenting coordination (which is also known as facilitation in the Western Cape and as case management in Gauteng) is a child-focused alternative dispute resolution process in which a mental health or legal professional with mediation training and experience assists high-conflict parties in implementing parenting plans and resolving pre- and post-divorce parenting disputes in an immediate, non-adversarial, court-sanctioned, private forum.
There is a significant intersection between the Bills of Exchange Act 34 of 1964, the Prescription Act 68 of 1968 and acknowledgments of debt.
Many attorneys regularly draft and use acknowledgments of debt in their practices. A claim arising from an acknowledgment of debt will prescribe in three years as it is an ordinary debt in terms of the Prescription Act.
However, it may be possible to draft an acknowledgment of debt in such a way that it becomes a negotiable instrument, thus extending the period of prescription.
This may be the difference between a client being able to collect on a debt or not.