Without Prejudice - Volume 8, Issue 3, 2008
Volume 8, Issue 3, 2008
Author David GleasonSource: Without Prejudice 8 (2008)More Less
These are serious times. Very few will escape the impact of the financial and economic problems that have originated in the United States but whose reach has been global to the degree to which international banks and institutions have pursued the apparently "easy" money to be made from dubious, American-grown and widely peddled, instruments.
Author Stu WoolmanSource: Without Prejudice 8, pp 4 –5 (2008)More Less
As I have suggested recently, and at length, elsewhere, (S Woolman 'The Amazing, Vanishing Bill of Rights' (2007) 124 SALJ 762), the Constitutional Court's penchant for outcome-based decision-making, and a concomitant lack of analytical rigour, has finally caught up with it.
Author Simon DelaneySource: Without Prejudice 8, pp 7 –8 (2008)More Less
Pro bono. As a friend of mine once said, "We're not talking about the U2 fan club here." Lawyers who provide free legal assistance for the public benefit are said to engage in pro bono work. Regardless of whether a mandatory pro bono system applies, many attorneys are passionate about assisting poor people living on the margins of an unequal society. The prospect of not recovering costs is not a disincentive to litigating on a pro bono basis. "My budget has absolutely nothing to do with my sentiments," says one attorney.
Author Taryn SeftonSource: Without Prejudice 8, pp 8 –9 (2008)More Less
Author Michael AverySource: Without Prejudice 8, pp 10 –11 (2008)More Less
The draft Expropriation Amendment Bill, which still isn't in the public domain but which has been informed by a policy document on land redistribution released last November, has upped the stakes in an escalating standoff between government and organised agriculture. Cabinet has approved the Bill, which is set to be tabled before parliament by Public Works Minister Thoko Didiza in April.
Author Gail SchimmelSource: Without Prejudice 8, pp 11 –12 (2008)More Less
The judgement in Verimark (Pty) Ltd v BMW AG set out certain requirements for the use of a third party's trade mark in advertising. It does not, however, necessarily change the existing position with regards to comparative advertising, and practitioners should tread lightly when planning comparative advertising.
Source: Without Prejudice 8, pp 14 –15 (2008)More Less
The existence of a holding/subsidiary relationship between companies is of vital importance, not only because it gives rise to a number of economic and administrative advantages but it also gives enables the application of various provisions of the Companies Act, 1973, which are aimed at preventing abuse which could arise out of such an arrangement. For example, in terms of s37 of the Act, the details of a loan given by a subsidiary company to its holding company must be disclosed in the financial statements of the subsidiary company so as to protect its minority shareholders.
Source: Without Prejudice 8, pp 25 –28 (2008)More Less
The Top Students feature has become an annual regular in without prejudice. Back in 2003 we covered the leading students from SA's top universities in 2002. The without prejudice editorial team decided, five years on, that it might be salutary to find out where these top students are now, and how they have progressed. It wasn't an easy call - tracking them down proved elusive in many cases and downright frustrating in others. But we have located the majority, and Where are they now? makes for fascinating reading.
Source: Without Prejudice 8 (2008)More Less
The purchaser of immovable property is frequently required to produce a bank guarantee "acceptable to the seller." In Koumantarakis Group CC v Mystic River Investment 45 (Pty) Ltd and Another the question arose whether the seller acted unreasonably in rejecting a revocable bank guarantee.
Author Carmel RickardSource: Without Prejudice 8, pp 32 –33 (2008)More Less
The rough justice in parts of the platteland causes kinder, gentler city folk to feel faint and rush for a copy of the Constitution. I say that upfront as something of a disclaimer or parental guidance warning for what follows. This is, after all, an erudite publication for people who move in elite circles and seldom come across the real riff-raff of society. So the publisher has insisted that readers are properly warned and given the chance to opt out, rather than read on: after all, he has subscribers and advertisers to protect.
Author Tania McAnearneySource: Without Prejudice 8, pp 34 –35 (2008)More Less
There's nothing quite like coming home after a hard day's work to soak in a hot bath and then sitting down (or, more than likely, slumping) in front of the 'box' with an alcoholic beverage of choice in hand. In fact, we're told that a glass of wine - must be red, of course - a day is actually good for us. But, for stressed-out lawyers, one glass is often followed by a second and third, maybe even more.
Author Hanneke SpiesSource: Without Prejudice 8, pp 36 –37 (2008)More Less
Two recent Supreme Court of Appeal judgements deal with the question of substance over form in evaluating tenders; and a judgement of the Durban and Coast Local Division creates a new term - "administrative non-responsiveness" - to describe a bidder's failure to comply with tender requirements relating to the form of the tender.
Author Amy GluckmanSource: Without Prejudice 8, pp 38 –39 (2008)More Less
It is somewhat interesting (and, on the whole, rather well-received) that, smack in the middle of a global economy clouded by volatility, rising inflation, supply constraints and the yoke of sub-prime, South Africa's 2008/2009 budget unveiled a progressive, robust and overall resilient approach. To many, the recent budget is seen as heralding a victory in the protracted path towards sustainable development, foreign investment reform, financial stability and international competitiveness.
Author Wessel BadenhorstSource: Without Prejudice 8, pp 39 –42 (2008)More Less
In terms of s191(5)(a) of the Labour Relations Act (66 of 1995), the Commission for Conciliation, Mediation and Arbitration (the CCMA) must arbitrate a dispute at the request of an employee if:
- (i) the employee has alleged that the reason for the dismissal is related to that employee's conduct or capacity, or
- the employee has alleged that the reason for dismissal is that the employer made continued employment intolerable (commonly referred to as constructive dismissal), or
- the employee does not know the reason for the dismissal, or
- the dispute concerns an unfair labour practice.
Author Wim AlbertsSource: Without Prejudice 8, pp 42 –43 (2008)More Less
Author Warren WeertmanSource: Without Prejudice 8, pp 44 –45 (2008)More Less