Without Prejudice - Volume 14, Issue 10, 2014
Volume 14, Issue 10, 2014
Source: Without Prejudice 14, pp 50 –51 (2014)More Less
Remembrance Day, observed on November 11, is to recall the end of World War One in 1918. Hostilities formally ended at the 11th hour of the 11th day of the 11th month in accordance with the Armistice which was signed by representatives of Germany and the Entente that day between 5:12 and 5:20 in the morning. World War One officially ended on June 28 1919 when the Treaty of Versailles was signed.
Source: Without Prejudice 14, pp 52 –53 (2014)More Less
While the War raged life did, in fact, go on. Some aspects of life, such as fashion and hair styles, continued to be of importance. While the importance placed on this was considered by some as hardly appropriate, the changes that took place were, in part, to take into account the different lifestyle lived by many women due to the change in circumstances.
Author Hans MuhlbergSource: Without Prejudice 14, pp 54 –55 (2014)More Less
In a recent article I discussed the debate going on about whether patents are doing what they are supposed to do, which is encourage invention or innovation. This debate has been spurred on by various factors: the destructive smartphone patent wars involving companies like Apple and Samsung; the fact that many companies now build up vast patent portfolios and spend extraordinary amounts of money on litigating patents; and the emergence of the patent troll, the company that acquires patents for rent-seeking rather than making products.
Author Devin De BeerSource: Without Prejudice 14, pp 56 –57 (2014)More Less
On September 26, the Supreme Court of Appeal handed down judgement in favour of asylum seekers and refugees lawfully present in South Africa, allowing them to be self-employed with the consequential right to trade and earn a living in the informal sector. The decision comes from an appeal of the North Gauteng High Court, which initially held that refugees and asylums seekers, although legally present in South Africa, did not have the right to trade while awaiting permanent residence.
Author Ludwig Frahm-ArpSource: Without Prejudice 14 (2014)More Less
An issue that repeatedly vexes employers is how to respond when an employee refuses to agree to a change to a term of employment. Is the employee committing a form of misconduct or insubordination? Is the employer entitled to discipline the employee or even dismiss them? Recently this issue arose again before the Labour Court and the Labour Appeal Court.
Author Bafobekhaya MomotiSource: Without Prejudice 14, pp 60 –63 (2014)More Less
The Western Cape High Court in Democratic Alliance v President of the Republic of South Africa and Others reaffirmed the general rules of costs in constitutional litigation between private parties and the state. First, that a successful private party be awarded his or her costs and an unsuccessful private party should not be ordered to pay the state's costs. Second, each party should bear its own costs where the state wins.
Source: Without Prejudice 14, pp 68 –70 (2014)More Less
The headquarter company legislation was introduced in an effort to establish South Africa as an attractive "Gateway into Africa". Mauritius offers a competing investment regime. This article compares the two and takes into account the changes both regimes have undergone.
Author Thabiso T. TafilaSource: Without Prejudice 14, pp 70 –71 (2014)More Less
Author Bernardo MahoroSource: Without Prejudice 14, pp 71 –72 (2014)More Less
In a modern market economy in general and in the Mozambican economy in particular, there is a rapid increase in the number of market actors. These differ, among other things, according to nationality, business culture, legal culture and language used for communication, which results in a constant quest for security and legal certainty in business. In this article we analyse the effective appearance of commercial registration, one of the various legal provisions designed to create this certainty and security.
Author Kaelin GovindenSource: Without Prejudice 14, pp 74 –76 (2014)More Less
Benjamin Franklin, founding father of the United States of America, once proclaimed: "All mankind is divided into three classes: those that are immovable, those that are movable, and those that move." While widely regarded as describing what Benjamin Franklin believed were the three types of people in this world (that is, those who are stagnant and do nothing about their circumstances, those who are moved and composed to do something about it but don't know how, and those who are involved in changing their circumstances), a group of unlawful occupiers recently provided a more literal interpretation to this famous line.
Author Dewaldt Van WykSource: Without Prejudice 14 (2014)More Less
"Stay Alive. Shop Online." Will those words be the future slogan of an online merchant? Prior to October 20, Cape Town suffered 15 armed robberies in four weeks. Gauteng, too, was heavily hit by gangs of armed robbers. As I entered a local mall, police left the scene of yet another cellphone store robbery, carrying big rolls of yellow tape; the tape, synonymous with death, robbery and all things ominous.
Author David ReesSource: Without Prejudice 14, pp 84 –85 (2014)More Less
Have you ever played the board game called Diplomacy? It's based on the map of Europe. Each player is allocated a country - Britain, Germany, France, Russia, Italy and so on. Every country starts the game with two armies and one navy, except in Britain's case the ratio is reversed. Then, subject to the rules of engagement, you defend yourself or attack your neighbours. Between each round there is a break-out period to plan your next move and to negotiate all-important alliances.
Author Vaughn WilliamsSource: Without Prejudice 14, pp 86 –87 (2014)More Less
There is nothing more nostalgic than a drive in a classic supercar. A number of the golden oldies were the early benchmarks of what we drive today and the iconic cars of yesteryear are not only affordable to buy and maintain but are scintillating to thrash around a race track on club track-days.