In order for De Rebus to serve the broad church of our readership, legal practitioners are encouraged to send article submission in all areas of law. De Rebus prides itself as being the voice of the attorneys' profession, therefore, it needs to cater for all practitioners. We receive articles on different areas of law, however, there might be some areas of law that practitioners may feel that the journal does not cover.
The Gauteng Division Pretoria (GP) in Centre for Child Law v NN and NS (GP) (unreported case no 32053/2014, 16-11-2015) (Ledwaba, Mabuse and Janse van Nieuwenhuizen J) has ordered that two children who were swopped at birth must remain with the families who have raised them.
The De Rebus Editorial Committee (EC) and staff bid farewell to Danie Olivier in February. Mr Olivier was part of the EC for 11 years, having served three of them as the committee's chairperson. Mr Olivier's last EC meeting was at the end of October 2015.
There may well be some sense of schadenfreude - that is, if you yield to the temptation to take a form of pleasure in the troubles of others - when you read about practitioners' mishaps in the following case studies.
Section 78(2A) of the Attorneys Act 53 of 1979 and s 86(4) of the Legal Practice Act 28 of 2014 (LPA) allow attorneys to invest client monies in a separate trust savings account or other interest-bearing account where there is an underlying transaction with an explicit mandate from the client to do so. For purposes of this article, we will refer to such investments as investments in terms of the Act.
Default judgment is a judgment entered against a party who has failed to defend a claim that has been brought by another party. Where the defendant fails to defend an action, it is reasonable to suppose that the defendant is not disputing the claim or amount.
The examiners expect candidates to be able to draft various documents with reasonable competence, to satisfy themselves that the candidates have the necessary knowledge of the legal principles underlying the various documents and that they understand the underlying principles.
With the enactment of the Companies Act 71 of 2008 (the Act), there was a call for the courts and other bodies, such as the Companies and Intellectual Property Commission (CIPC), to harmonise the changes and differences between the outgoing Companies Act, namely the Companies Act 61 of 1973 (the 1973 Act) and the Act. One such example, Newlands Surgical Clinic (Pty) Ltd v Peninsula Eye Clinic (Pty) Ltd 2015 (4) SA 34 (SCA).
The grandparents' duty of support was recently considered by the Western Cape Division of the High Court in N v B (WCC) (unreported case no 6573/14, 19-6-2014) (Butler AJ). The case concerned a maintenance officer's directive that sought to hold a grandparent liable for maintenance in the absence of a prior maintenance order against the minor child's parent.
This column discusses judgments as and when they are published in the South African Law Reports, the All South African Law Reports and the South African Criminal Law Reports. Readers should note that some reported judgments may have been overruled or overturned on appeal or have an appeal pending against them: Readers should not rely on a judgment discussed here without checking on that possibility - Editor.
In a recent decision of the Labour Court in EWN v Pharmaco Distribution (Pty) Ltd (LC) (unreported case no JS654/10, 22-9-2015) (La-Grange J), the court had the opportunity to decide whether the employer can dismiss an employee for failure to submit to medical treatment and therefore that the employee failed to comply with the provisions of the employment contract.