Without Prejudice - latest Issue
Volume 17, Issue 1, 2017
Source: Without Prejudice 17, pp 4 –4 (2017)More Less
According to the Chinese, 2017 is the year of the Rooster. Unfortunately, according to those who predict what is on the menu, while there may be positives to the year of the Rooster, it will also provide “conflicts, controversy and plenty of debate”. Does that sound a little like “same old, same old” to South Africans? If so, that is unfortunate but so far, even though the Chinese New Year only begins on the 28th January, it is pretty accurate. Contrary to tradition, the ANC seem to be going public with what may well prove to be a vicious leadership contest despite the “call” for everyone to maintain tradition. Given that the president appears to have made his choice known, it is unlikely to be a call given too much heed. And Deputy President, Cyril Ramaphosa, has already said it is likely that changes to the way the ANC decides it leaders will be discussed in June.
Source: Without Prejudice 17, pp 9 –10 (2017)More Less
“This appears to have been the first time in South Africa where the question of the admissibility of evidence rejected as inadmissible in the preceding criminal trial was raised in a subsequent civil trial such that the court hearing the civil matter would have to consider the admissibility of substantially the same evidence”: Hohne judgement.
Author Andrea OppermanSource: Without Prejudice 17, pp 11 –12 (2017)More Less
The notion of a bona fide contract is all but meaningless without further inspection into its content and the consequences of its application, yet it is a notion, vague and without such explanation, that pervades much of our contract law. Are parties bound only by the terms of the contract, or are they subject, beyond this, to the overarching duty to act in good faith? Is the good faith doctrine a get-out-of-jail-free card when it comes to escaping the iron teeth of an otherwise valid contract? Does it serve as a free pass for parties who wish to enforce otherwise unenforceable provisions?
Author Justine KrigeSource: Without Prejudice 17, pp 16 –17 (2017)More Less
The draft Industry Code for the Franchise Industry (Code) was published for public comment on 29 January 2016. It provides the proposed framework for an ambitious dispute resolution mechanism for franchisees and franchisors and includes the establishment of a “Franchise Industry Ombud”.
Source: Without Prejudice 17, pp 18 –19 (2017)More Less
In South Africa, the sequestration of natural persons is regulated by the Insolvency Act (24 of 1936). Conversely, the winding-up of companies is regulated by two sources of legislation, namely, the Companies Act (71 of 2008) in relation to the winding-up of solvent companies and the Companies Act (61 of 1973) in relation to the winding-up of insolvent companies.
Author Niklas WielandtSource: Without Prejudice 17, pp 19 –22 (2017)More Less
Source: Without Prejudice 17, pp 23 –36 (2017)More Less
Mining has traditionally provided employment for thousands of men and women and supported thousands of families. It forms an integral part of the history of South Africa – both positive and negative. Politics, corruption, the environment and legislation all play a part in an industry that appears to be contracting. The figures for mining do not present a positive outlook. In November 2016 the country’s mining production contracted 4.2% year-on-year and the Chamber of Mines commented that based on mining production data that was released by Statistics South Africa (annual production fell by 4.8% to November 2016 when compared with 2015), it appeared the annual decline would be close to 5% for 2016. The mining sector lost close to R40bn between the middle of 2015 and 2016. The Chief Economist at Chamber of Mines, Henk Langenhoven, pointed out how important the sector is to South Africa. In approximate figures, 460 000 people are directly dependent on employment and when both the direct and indirect (suppliers) are added to the 10 million people “who are in some way or the other influenced by the success or failure of the sector”, it is undeniably essential that that the sector recovers.
Source: Without Prejudice 17, pp 24 –25 (2017)More Less
Judge with Alzheimer’s: Complaint or retirement?
Judge asks meaning of “drop-down menu” and failed to instruct jurors about duties
Rape accused acquitted because complainants refused to turn up for eighth time
Prosecutor’s office pays ransom for computer access but busts network
Lawyer dies in office at age 104
California considers general ethical ban on lawyer sex with clients
Residue on cellphones could help criminal investigation
Lawyer who lost case because of bathroom break wins an appeal
Source: Without Prejudice 17, pp 26 –27 (2017)More Less
Mick Jagger clearly still has what it takes. Jagger, now 73, and 29-year-old ballet dancer, Melanie Hamrick have become parents of a baby boy. This is his eighth child. He also has five grandchildren and one great-grandchild. His eight children are from five different mothers.
Author Charles GielenSource: Without Prejudice 17, pp 28 –28 (2017)More Less
In the Court of Justice of the European Union; November 10, 2016, Case 30/15, Simba/EUIPO the CJEU further clarified how to apply the rule of European trade mark law which provides that trade marks that consist exclusively of a shape or other characteristic of a product necessary to obtain a technical result cannot be protected. The decision is interesting for South African trade mark law, since s10(5) of the Trade Marks Act contains an almost identical rule.
Author Larissa SubramoneySource: Without Prejudice 17, pp 30 –31 (2017)More Less
Section 26 of Chapter 2 of the Constitution states that "everyone has the right to have access to adequate housing". The Gauteng Department of Housing is working on just that by implementing the new Siyasizana programme, which specifically targets this basic human right among other essential human rights.
Source: Without Prejudice 17, pp 31 –32 (2017)More Less
An interim order is a temporary order of the court pending a final hearing. Generally interim orders are not appealable; this is based on the fact that orders of this nature are not final and “generally, it is not in the interest of justice for interlocutory [interim] relief to be subject to appeal as this would defeat the very purpose of that relief” (Mathale v Linda and Others 2016 (2) SA 461 (CC), and Machele and Others v Mailula and Others 2010 (2) SA 257 (CC)).
Author Eben Van WykSource: Without Prejudice 17, pp 38 –39 (2017)More Less
Creation Wines is situated at the top of the Hemelen- Aarde Ridge in the cool climate Walker Bay area near Hermanus, where the influence of the nearby Atlantic, and clay soils create the perfect terroir for ultra-premium wines. The farm is owned by husband and wife team Jean Claude Martin, the winemaker and viticulturist, and marketer extraordinaire Carolyn Martin – both from winemaking families. The duo acquired the farm in 2002 without any infrastructure and developed it into one of the region’s icon wine producers and tourist attractions, known for its superb wines, tasting room, and restaurant with amazing food and wine pairings.
Author Dewaldt Van WykSource: Without Prejudice 17, pp 40 –41 (2017)More Less
Writing developed around 3500 BCE. Towards 295 BCE, The Royal Library of Alexandria housed 400 000 manuscripts; possibly, the pinnacle of knowledge in the ancient world. Today, the Latin aphorism “scientia est potentia” – knowledge is power, is widely accepted. But do we consider the epistemology (theory of knowledge)? What is it that gives truth to knowledge, particularly in the age of technology?