De Rebus - latest Issue

In today's world, correct information is key to ensuring a successful business, more so in the legal fraternity, as this might set your firm apart from competitors.

Arrogance of commercial banks - Nicholas Yeowart

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Drawing the line in the sand - Elzaan Potgieter

The National Association of Democratic Lawyers (NADEL) held its elective annual general meeting (AGM) and conference on 27 and 28 February in Margate, Kwa-Zulu-Natal. The AGM was held under the theme: 'Racial prejudice is a fundamental impediment to socio-economic transformation and social cohesion.'

The Law Society of South Africa (LSSA) held its annual general meeting (AGM) on 1 and 2 April in Johannesburg. Topics discussed at the AGM included -

• the Legal Practice Act 28 of 2014 (LPA);
• regional engagement;
• economic impact of professionals;
• the technology revolution: Advantages for smaller firms, impact on methods of service delivery and client management;
• a better deal for women in practice;
• alternative dispute resolution, court-annexed mediation and family arbitration; and
• human trafficking.

Justice and Correctional Services Minister, Michael Masutha, placed Judge Mabel Jansen of the Gauteng Division of the High Court, Pretoria on special leave following a complaint laid against the High Court judge over her Facebook comments about black people and rape. Judge Jansen's Facebook comments caused public outrage.

The Limpopo Division of the High Court in Polokwane is now operational. It was launched on 25 January. Judge Ephraim Mampuru Makgoba is Judge President of the division, which was proclaimed on 15 January.

Johannesburg attorney, notary and conveyancer, Diana Mabasa, has won the 2015 LexisNexis Prize for Legal Practitioners for the best article by a practising attorney published in De Rebus.

People and practices

First recommendations emerge from National Forum deliberations

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Network with colleagues from the SADC region in Cape Town on 17 to 19 August 2016

With the evolving use of technology, and the evolving need for use of technology, all players in all industries find themselves at one point or another confronted by cyber risk. The Institute of Risk Management (IRM) defines 'cyber risk' as 'any risk of financial loss, disruption or damage to the reputation of an organisation from some sort of failure of its information technology systems' (www.theirm.org, accessed 5-5-2016).

The decision of the United States (US) Supreme Court in Association for Molecular Pathology, et al. v Myriad Genetics, Inc., et al 569 U.S. 133 S.Ct. 2107 (2013) (the US Myriad case) was a landmark case on the patentability of biotechnological inventions. In particular the US Myriad case dealt with the issue of patentability of naturally occurring genes or nucleotide sequences, which have been isolated and characterised.

Claims based on tacit universal partnerships are frequently encountered in divorce litigation, where the spouses were married to each other out of community of property with the exclusion of the accrual system.

The Supreme Court of Appeal interprets the provisions of s 118(3) of the Local Government: Municipal Systems Act 32 of 2000 (the Act) in an important judgment in the matter of City of Tshwane Metropolitan Municipality v Mitchell [2016] 2 All SA 1 (SCA), which saw the majority of the coram agreeing and one judge dissenting. The dissenting judge's reasons are not relevant for purposes of this article.

A lot of confusion erupted over the last couple of months regarding the issue of parole. Cases, such as that of Schabir Shaik, Oscar Pistorius, Clive Derby-Lewis and many others added to the debate and public scrutiny. The procedures and principles described infra suggests the law in a perfect world would be where no interference by, inter alia, politicians, is tolerated.

Jurisdiction is an essential element of procedural law. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) has important implications for the jurisdiction of courts in proceedings for the judicial review of administrative action. Yet this aspect of PAJA has not received much attention. The aim of this article is to highlight PAJA's important - but often overlooked - jurisdictional provisions.

This article considers the danger of deduction when dealing with technical issues in a case where an accused has been charged with the unlawful possession of ammunition. I submit that in a case where an accused has been charged with either the illegal possession of ammunition and/or illegal possession of a firearm, the result is that the prosecution bears the burden to prove the charge. In doing so, it is critical for the prosecution to lead evidence of a technical nature and failure to do so, should lead to an acquittal. Case law will be considered to illustrate the nature of the technical considerations and application in such matters.

April 2016 (2) South African Law Reports (pp 317 - 631); [2016] 1 All South African Law Reports March (pp 629 - 882); 2016 (2) Butterworths Constitutional Law Reports - February (pp 157 - 309)

The first respondent (the consumer) applied to the applicant - a registered credit provider (the bank) - for an unsecured personal loan facility (the loan). The bank presented the consumer with its quotation and terms and conditions, which the consumer accepted. The parties then entered into an unsecured personal loan agreement (the credit agreement).

Legislation published from 1 - 29 April 2016

Timing of s 197 transfers of employment

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Negligence or gross negligence