Without Prejudice - Volume 14, Issue 11, 2014
Volume 14, Issue 11, 2014
Author Shane VoightSource: Without Prejudice 14, pp 44 –45 (2014)More Less
Recently, the Supreme Court of Appeal (SCA), in the case between Zhongji Development Construction Engineering Company Limited and Komoto Copper Company SARL, where both parties were peregrini to our courts, gave the process of arbitration a further boost and emphasised the courts' resolve to recognise the commercial expediency and legal significance of arbitration.
Author Matilda Lasseko, PhookoSource: Without Prejudice 14, pp 46 –47 (2014)More Less
Our law has no all-embracing definition of what abuse of court process entails. However, a court is entitled to protect itself and its subjects against the abuse of its process. As the law stands we rely on jurisprudence setting out instances of abuse of court process to determine this on a case by case basis. As long as this prevails, a defendant to summons issued out of our courts will continue to be forced into defending court actions that are wholly an abuse of the court process.
Author Kylene WeyersSource: Without Prejudice 14, pp 47 –48 (2014)More Less
The Oscar Pistorius trial has been the most sensational and dramatic televised trial since the OJ Simpson trial almost 20 years ago. In Judge President Mlambo's groundbreaking and somewhat controversial decision, he granted permission to media houses to broadcast the trial live on radio and television. Parts of certain court cases have previously been televised in South Africa but this judgement is the first ruling of its kind in our country. Mlambo's judgement is now a leading precedent for broadcast access to criminal trials around the world.
Author Patrick BracherSource: Without Prejudice 14, pp 50 –51 (2014)More Less
Attorney blasted for forwarding judge's congratulations
Alabama is seventh state to ban foreign law
Judge admonished for rude remarks
Sex-crime conviction reversed for a missing "not"
Law suit over $250 coffee machine costs $175K
Lawyer takes sabbatical after crying in court
Fisherman convicted of destroying fish under anti-shredding provision
Widow's estate pays $44 million for five months' work
Do estate agents have to disclose ghosts?
Parents could be liable for child's fake Facebook page
Judge scolds lawyer for bringing baby to court
Lawyer acquitted of telling client to destroy SIM card
Boy, 10, charged as adult with homicide of woman, 90
Prosecutor's bizarre behaviour overturns conviction
Judge accused of courthouse sex was allegedly seduced
Woman's home sold on auction with $95 overdue tax bill
Author S.W. BurgerSource: Without Prejudice 14, pp 54 –56 (2014)More Less
In Minister of Finance v Van Heerden 2004 (6) SA 121 (CC), the Constitutional Court suggested that there must be a rational link between a public policy providing benefits, and specific disadvantage suffered by a beneficiary of the policy. Pursuant to a decision of the Indian Supreme Court, this approach may pave the way to a more nuanced approach to affirmative action.
Author Cesar Vamos VerSource: Without Prejudice 14, pp 56 –58 (2014)More Less
Nowadays it is common to see movement of staff between various employers, as employers seek to supply and benefit from labour under specialised rules without going through a hiring process that can be costly and time consuming. The question that has to be asked is, who bears the principal and subordinate duties arising from these work relationships and how are the rights of the worker secured and protected?
Author Sandile TomSource: Without Prejudice 14, pp 58 –59 (2014)More Less
Author Nyiko MathabeleSource: Without Prejudice 14, pp 59 –60 (2014)More Less
In the recent judgement of Imperial Group Ltd T/A Imperial Cargo Solutions v South African and Allied Workers Union (J2903/13) the Labour Court, in considering whether a strike notice issued by SATAWU had satisfied the requirements of s64(4) of the Labour Relations Act, 1995, emphasised the need to exercise caution when drafting strike notices.
Author Angelika YakovchukSource: Without Prejudice 14, pp 61 –62 (2014)More Less
Much negative publicity had been generated post implementation of new Immigration Regulation, and a lot has been said about the impact of the reform, which leads to the environment for corporate immigration remaining tense. Most of it may be filtered out, with a small dose of real issues of concern remaining.
Author Paul GilbertSource: Without Prejudice 14, pp 62 –63 (2014)More Less
My respectful view is that unless you are within a year away from retiring (and if you are - WELL PLAYED! Great effort) you are more likely than not to move. So when we then contemplate why that move might be, knowing as we do that it is a near to a certainty as anything can be, what do we think will happen to us?
Author David ReesSource: Without Prejudice 14, pp 64 –65 (2014)More Less
Leonard Cottrell was an author and journalist, now out of print. In the 1950s and 1960s he was associated with the BBC, that now sadly flawed media organisation. I commend his writings to you. Cottrell wrote accessible English, with knowledge and a little humour. One of his books that merits reading is "The Great Invasion", which describes the Roman conquest of Britain.
Author Amy EliasonSource: Without Prejudice 14, pp 65 –67 (2014)More Less
How much money would you give to a total stranger to fund a single serving of potato salad? Zach "Danger" Brown was hoping to raise a mere US$10 when he started his crowdfunding campaign in July, asking the Internet to help fulfil his dream of "making potato salad". To date, more than 6 000 backers have pledged over US$40 000 to his cause.
Author Erica EmdonSource: Without Prejudice 14, pp 68 –69 (2014)More Less
The question we are frequently asked, at ProBono.Org, is why the legal profession should do pro bono work? Our first response is that we, as lawyers, should be guided by the core ethics and values inherent in the legal profession. When we start out as law students, we are taught that we are entering a profession of service, and a profession committed to the greater social good. The very essence of a being a lawyer is to serve. Sadly though, the realities of practising law after we complete our studies brings new issues into play that distance us from the reason and essential part of what it means to be an attorney.
Author Theo BuchlerSource: Without Prejudice 14, pp 76 –77 (2014)More Less
The recent uproar over Jim Murray's choice of a Japanese whisky (2013 Yamazaki Sherry Cask) for his World Whisky of the Year, coupled with the fact that no Scotch Whisky was in his top 5, has once again placed the world of whisky, whisky enjoyment and whisky collecting in the spotlight.
Author Eben Van WykSource: Without Prejudice 14 (2014)More Less
Bruce Jack is probably one of South Africa's most talented wine makers; he is able to make great wines from almost every variety, in every style. His winemaking ventures range from La Báscula in Spain; Flagstone (producer of South Africa's best selling wine, Kumala, in the United Kingdom); producing award wining wines for the Cape Winemakers Guild; a new joint venture cider project with Paul Cluver (called Cluver Jack - the freshest, best tasting, classiest cider ever); and also his own family farm, The Drift.
Author Roger WakefieldSource: Without Prejudice 14, pp 80 –81 (2014)More Less
Setting out to review BiCe one stormy November night, we were met with a surprise. Written on the door was "Luce". "What happened to BiCe?" I asked the welcoming and charming Clairadean. "This is it!" she exclaimed with the sweep of her arm. "It's only a name change from 1 November. We're not making a big fuss of it. Everything else remains exactly the same, including our chef, Nicolai Pareti, and the menu."
Author Samantha NiemannSource: Without Prejudice 14, pp 82 –83 (2014)More Less
Ice cream is happiness condensed - Jessi Lane Adams
Legend has it that December 13th is recognised as Ice Cream Day. Well, unofficially anyway. Not that a day needs to be officially declared an "Ice Cream Day" to convince one to (over)indulge in some ice cream, but, it is Summer after all, and it is December, it's also sweltering hot and who isn't in desperate need of a refreshing cool down? Surely it's no coincidence that Ice Cream Day falls on a Saturday this year, which equals ice cream day in any event, doesn't it? It does in my books anyway. Besides, who needs an excuse to eat ice-cream anyway?