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Fairbridges Wertheim Becker: Breaking News

TerraLex world-wide network of independent law firms selected as Global Network of the Year 2018. Fairbridges Wertheim Becker, exclusive South African member since 1999 of the international network of independent law firms TerraLex, is delighted to announce that TerraLex has been chosen as Global Network of the Year 2018 at the annual European Awards dinner in London of the prestige …

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Fairbridges Wertheim Becker ranked top law firm in the Western Cape Province

The independent rating agency PMR.africa (Professional Management Review) has announced that Fairbridges Wertheim Becker has earned the 2018 Diamond Arrow Award for achieving the highest rating of 4.21 out of a possible 5.00 (84.2%) for law firms in the Western Cape Province.         The independent research process using demanding criteria surveyed a random provincial sample of 170 respondents comprising CEO’s, MD’s, business …

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Risk and Reward: Duties and Obligations of Financial Service Providers

The High Court has ordered a financial adviser to pay back to her the R2 million a widow invested on his advice, plus interest and costs, because he failed to exercise the reasonable standard of care and skill expected of someone in his position engaged to provide the relevant services. A widow in the Free State Province, who had lost her husband …

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Droughts and Floods – what a local municipality must do

While the Western, Eastern and Northern Cape Provinces suffer the ravages of climate change as water resources dry out, in other areas of South Africa flooding causes its own havoc. Ekurhuleni Metropolitan Municipality in the East Rand, Gauteng, has been ordered by the Johannesburg High Court to take immediate action to remedy, rectify and rehabilitate a river course to prevent and mitigate flooding to …

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No smoke without fire: We review Dr John Grogan’s third edition of his important employment law book Dismissal

DISMISSAL (Third Edition) By John Grogan (805 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Even I regained my freedom with a sigh.” – Lord Byron (1788 – 1824) In American television reality shows “You’re fired” is usually uttered with much more intent than “You’re hired.” Dictionaries define the verb “fire” as “to ignite; to cause to explode; to expose to heat; to …

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Criminal Procedure Legislative Guide by Juta Law Editors- Reviewed by FWB’s Louis Rood

Primarily aimed at students of criminal procedure, this comprehensive guide to the legislation framing criminal procedure in South Africa will also be welcomed by legal practitioners, judicial officers, law enforcement officials and crime investigators. It forms the fourth leg of the table with publisher Juta’s encompassing titles on every aspect of criminal procedure, the other three being: Criminal Procedure Handbook (12th …

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Law of Persons Sourcebook by Trynie Boezaart- Reviewed by FWB’s Louis Rood

The law relating to persons in South Africa, in all its complexity, diversity and intricacy has undergone significant constitutional reform, and continues to develop and respond to present-day cultural and societal changes. This is reflected in both case law and statutory enactments as our courts and legislators wrestle to get to grips with constantly unfolding and evolving dynamics in this …

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Criminal Procedure Handbook by J.J. Joubert- Reviewed by FWB’s Louis Rood

This comprehensive introduction to the fundamental principles and values underlying the rules that apply in criminal cases is an indispensable guide to this area of law. The authors set the context: “Crime is a reality of life, especially in South Africa; and each country needs rules, principles, mechanisms and state structures to prevent, detect, cope with and control criminal behaviour. Criminal procedural rules …

Property in Minerals and Petroleum by E van der Schyff- Reviewed by FWB’s Louis Rood

This book is a ground-breaking and comprehensive evaluation of the entire sphere of mineral and petroleum law as it has evolved and been reformed in South Africa. The interconnection of property law with mineral and petroleum law and changing concepts of property and land ownership compelled by constitutional imperatives is analysed and set out in detail. The author sets the …

Criminal Procedure Casebook by Kemp, Watney and Terblanche- Reviewed by FWB’s Louis Rood

First published in 2010, this second edition of Criminal Procedure Casebook combines in an essential toolkit a selection of 102 of the leading judgments of our courts that illuminate the most important processes and principles of South African criminal procedure. Legal practitioners and judicial officers will welcome the bilingual approach adopted. Each judgment extract is preceded by a summary of the …

Law of Persons by T Boezaart- Reviewed by FWB’s Louis Rood

Every individual person is unique in personality, humanity and being. Yet we all have much in common. We are conceived, we are born, we live and we die. This book, now in its sixth edition, deals concisely but comprehensively with all aspects of the law relating to persons, from legal capacity to domicile, from the protection of the interests of …

Commercial Mediation, A User’s Guide by Brand, Steadman & Todd- Reviewed by FWB’s Louis Rood

Many litigants can testify bitterly to the costs, complexity, risks, uncertainty and unforeseen consequences of traditional litigation. Particularly in commercial disputes where the parties often require swift finality and certainty, it is not surprising that mediation has emerged in many jurisdictions as a valuable and effective option to resolve disputes. As the co-authors of the updated second edition of this …

The Law of Landlord and Tenant by Sue-Mari Viljoen- Reviewed by FWB’s Louis Rood

Despite its title, this book encompasses far more than the traditional common law contractual relationship between landlord and tenant. The provision of housing, shelter, and “a roof over your head” for the homeless has become a critical political and socio-economic issue in South Africa’s new constitutional dispensation. For close to a century there has been state intervention in the housing …

Indigenous Knowledge & Intellectual Property by C Ncube and E du Plessis- Reviewed by FWB’s Louis Rood

The 2007 United Nations Declaration on the Rights of Indigenous Peoples has brought to the fore the rights of indigenous peoples to the protection of their knowledge and culture. Established legal intellectual property systems, which view knowledge in terms of private individually-owned property rights that may be commodified in a market economy, are however inadequate to protect indigenous knowledge. It …

Real Security Law by R Brits- Reviewed by FWB’s Louis Rood

It has been said that although South Africans achieved freedom under the Constitution of 1996, they nevertheless remain in bondage. Progress, for example through investment in property development, housing and infrastructure, inevitably requires credit, and creditors require their rights to be secured in the event of default. This may be achieved in a number of ways including mortgage bonds, notarial …

The Law of Servitudes by A.J. van der Walt- Reviewed by FWB’s Louis Rood

Servitudes are limited real rights in the property of another person. They have their origins in ancient systems of feudalism. That is why many servitudes are agricultural in nature – a right of way across the land of another, the right of the dominant owner to graze or water his livestock on the land of the servient owner, or the …

VAT- an introduction by M Botes- reviewed by FWB’s Louis Rood

Globally, Value Added Tax (VAT) has become the most common indirect transaction tax system, since France implemented the first version of a VAT system in 1948. VAT in South Africa currently provides 25.6% of government’s tax revenue. VAT is levied in terms of the Value-Added Tax Act 89 of 1991 (as amended). It potentially affects everything that happens during the …

Civil Society and International Criminal Justice in Africa by H Woolaver & S Williams- Reviewed by FWB’s Louis Rood

The theme of this collection of 13 essays is the contribution of African civil society organisations to international criminal justice mechanisms. This includes the International Criminal Court (ICC), as well as regional and national institutions. Civil society groups in Africa are seeking to utilise international and domestic legal frameworks to pursue justice for international crimes committed around the continent and …