De Rebus - Volume 2013, Issue 537, December 2013

Most of us have seen the standard catch-all clauses in an employment contract whereby all forms of intellectual property (IP) are assigned to the employer. These clauses exist in various forms. Most of these forms are, on the face of it, fairly straightforward and understandable. However, such clauses are occasionally unenforceable and void.

Most of us have seen the standard catch-all clauses in an employment contract whereby all forms of intellectual property (IP) are assigned to the employer. These clauses exist in various forms. Most of these forms are, on the face of it, fairly straightforward and understandable. However, such clauses are occasionally unenforceable and void.

The fundamental shift that occurred when South Africa became a constitutional democracy in 1994 heralded changes in all areas of the law. Significant changes were made, and continue to be made, in family law. By way of example, the Recognition of Customary Marriages Act 120 of 1998 gave legal recognition to marriages contracted in terms of African customary laws, thereby protecting the spouses of these potentially polygamous unions.

The fundamental shift that occurred when South Africa became a constitutional democracy in 1994 heralded changes in all areas of the law. Significant changes were made, and continue to be made, in family law. By way of example, the Recognition of Customary Marriages Act 120 of 1998 gave legal recognition to marriages contracted in terms of African customary laws, thereby protecting the spouses of these potentially polygamous unions.

The judgment of Lee v Minister for Correctional Services 2011 (6) SA 564 (WCC) may be an opportunity missed by both the Supreme Court of Appeal (SCA) (see Minister of Correctional Services v Lee 2012 (3) SA 617 (SCA)) and the Constitutional Court (CC) (see Lee v Minister of Correctional Services 2013 (2) SA 144 (CC)) to develop the South African law of delict with regard to factual causation. In the light of four starkly different judgments, namely, one in the High Court; one in the SCA; and two in the Constitutional Court (Nkabinde J and Cameron J), in relation to the same (mainly undisputed) facts, such development seems necessary or at least expedient.

The judgment of Lee v Minister for Correctional Services 2011 (6) SA 564 (WCC) may be an opportunity missed by both the Supreme Court of Appeal (SCA) (see Minister of Correctional Services v Lee 2012 (3) SA 617 (SCA)) and the Constitutional Court (CC) (see Lee v Minister of Correctional Services 2013 (2) SA 144 (CC)) to develop the South African law of delict with regard to factual causation. In the light of four starkly different judgments, namely, one in the High Court; one in the SCA; and two in the Constitutional Court (Nkabinde J and Cameron J), in relation to the same (mainly undisputed) facts, such development seems necessary or at least expedient.

October 2013 (5) The South African Law Reports (pp 325 - 639); [2013] 3 The All South African Law Reports September no 1 (pp 481 - 603) and no 2 (pp 605 - 670)

October 2013 (5) The South African Law Reports (pp 325 - 639); [2013] 3 The All South African Law Reports September no 1 (pp 481 - 603) and no 2 (pp 605 - 670)

Opposition to Urban Tolling Alliance and Others v The South African National Roads Agency Ltd and Others (SCA) (unreported case no 90/2013, 9-10-2013) (Brand JA)

Opposition to Urban Tolling Alliance and Others v The South African National Roads Agency Ltd and Others (SCA) (unreported case no 90/2013, 9-10-2013) (Brand JA)

Legislation published from 26 September 2013 - 25 October 2013

Legislation published from 26 September 2013 - 25 October 2013

Unfair discrimination on the basis of age

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Credibility findings - post Heroldt v Nedbank

Unfair discrimination on the basis of age

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Credibility findings - post Heroldt v Nedbank

The Survivor's Guide for Candidate Attorneys, Bhauna Hansjee & Fahreen Kader

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Book announcements - A man of principle - The life and legacy of JC de Wet / 'n Man van beginsel - Die lewe en nalatenskap van JC de Wet, Jacques du Plessis & Gerhard Lubbe (Eds.)

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Book announcements - Unjust Enrichment in South African Law, Helen Scott

The Survivor's Guide for Candidate Attorneys, Bhauna Hansjee & Fahreen Kader

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Book announcements - A man of principle - The life and legacy of JC de Wet / 'n Man van beginsel - Die lewe en nalatenskap van JC de Wet, Jacques du Plessis & Gerhard Lubbe (Eds.)

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Book announcements - Unjust Enrichment in South African Law, Helen Scott

On 27 July 2012 uniform rule of court 4A, dealing with the delivery of documents and notices, came into operation. On 23 August 2013 the Superior Courts Act 10 of 2013 that deals, in s 44, with transmission of summonses, writs and other process came into operation.

On 27 July 2012 uniform rule of court 4A, dealing with the delivery of documents and notices, came into operation. On 23 August 2013 the Superior Courts Act 10 of 2013 that deals, in s 44, with transmission of summonses, writs and other process came into operation.