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Book Review – Human Resource Management in Public Schools

A Practical Guide by Jaco Deacon (310 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Who, with a natural instinct to discern, What knowledge can perform, is diligent to learn.”– William Wordsworth (1770-1850) The importance of education in South Africa cannot be overstated. There are about 24,000 public schools employing some 400,000 educators in the country, teaching millions of learners. Education …

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Book Review – Dugard’s International Law

by John Dugard, Max Du Plessis, Tiyanjana Maluwa & Dire Tladi (Fifth Edition) (938 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Peace, commerce and honest friendship with all nations – entangling alliances with none.”– Thomas Jefferson (1743-1826), 3rd President of the USA, in his first inaugural address on 04 March 1801 The complex web of interlinking, overlapping and intertwined international …

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Book Review – Public Procurement Regulation

by Sope Williams-Elegbe and Geo Quinot (editors) (370 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The state is or can be master of money, but in a free society it is master of very little else.”– William Henry Beverage (1879-1963) Governments around the world allocate substantial portions of their budgets to the award of state contracts for the provision of …

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Transformation of Parental Leave in South Africa

On the 27 November 2018 President Cyril Ramaphosa signed various amendments to labour legislation into law. These amendments have introduced additional parental leave benefits for fathers, adoptive parents as well as commissioning parents and have effect from 1 January 2019 in terms of the Labour Laws Amendment Act. Section 25A was inserted, amongst others, into of The Basic Conditions of …

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Changing the face of Contractual Agreements

Section 11 (1) of ECTA provides that: ‘Information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data message.’ This is a simple sentence but has given a new dimension to contractual agreements as we know them. This section effectively means that data messages are not excluded …

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Do you have a right to a view?

The increase of state regulation and adjudication of neighbour disputes about building works has now migrated from the private law context of reasonableness to the public law context of legality. The consequence of this shift is that any and all building works first need to comply with statutory and regulatory requirements before reasonableness is considered in terms of any impact …

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Waging War on Bad Wages: The New National Minimum Wage Act

The new National Minimum Wage Act 9 of 2018 (NMWA) has been in the pipeline for quite some time and was finally signed into law by President Cyril Ramaphosa coming, into effect on 01 January 2019. The Act seeks to address unfair labour practices and implements a new minimum wage for the following: Ordinary-hour workers are entitled to R20 per …

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Whose responsibility is it to verify that a water meter is working correctly?

In the 2016 case of Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg, the City of Johannesburg (“the City“) instituted action against Euphorbia for arrears in respect of water supply, effluent and incidental charges derived from water meter readings. The City had installed a new water meter to measure the water consumption at Gallagher Estates premises. The meter …

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Book Review – Oil, Gas and Mining Law in Africa

by Thierry Lauriol and Émilie Raynaud (584 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “We have no more right to consume happiness without producing it than to consume wealth without producing it.”– George Bernard Shaw (1856-1950) The exploitation of natural resources in Africa is front and central to the economic, social and political development of the continent. This was largely …

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Compliance with the companies act 71 of 2008

Clients are reminded of the continued need to review their shareholders agreements and their Memorandum of Incorporation (“MOI”) in order to ensure that the terms of their shareholders agreement are aligned with its MOI as well as the provisions of the Companies Act 71 of 2008 (the “Act”). Clients are further reminded that under the Act the predominant aspects of …

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Book Review – Evidential Aspects of Law Enforcement

by Marga van Rooyen (433 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “It is a capital mistake to theorize before one has data”– from The Memoirs of Sherlock Holmes by Sir Arthur Conan Doyle (1859-1930) It has been demonstrated many times in South Africa, that laws on the statute books only have life breathed into them when they are effectively …

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Book Review – Finsen’s The Building Contract

A Commentary on the JBCC Agreements (3rd Edition) by Stan Segal (601 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “When we build, let us think that we build forever.”– John Ruskin (1819-1900) In the preface to the second edition of this book (2005), the author Eyvind Finsen observed that “…the building industry, like almost every aspect of modern life, doesn’t …

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Book Review – Principles of Market Abuse Regulation

A Comparative South African Perspective by Howard Chitimira (168 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Take care to get what you like or you will be forced to like what you get.”– George Bernard Shaw (1856-1950) Where there is money, there is mischief. Every coin has a flip side, and so does every banknote. Not surprisingly, financial markets provide …

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Book Review – Applied Law for Police Officials

(5th Edition) by Cerita Joubert (603 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Detection is, or ought to be, an exact science, and should be treated in the same cold and unemotional manner.”– Sir Arthur Conan Doyle (1859-1930) According to the South African Constitution, police officials are responsible for upholding and enforcing the law. This means that all police officials …

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Book Review – Public Interest Litigation in SA

by Jason Brickhill (contributing Editor) (433 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The welfare of the people is the ultimate law”– Marcus Tullius Cicero (106-43 BC) Litigation in the public interest has been enabled by the democratic Constitution of South Africa to play an increasingly significant role in recent years, largely to hold government to account, and to a …

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Book Review – Scott on Cession

A Treatise on the Law in South Africa by Susan Scott (623 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The law regarding cession of actions… presupposes a triangle – a debtor, a creditor who becomes a cedant, and a third party, the cessionary, to whom the benefit is tranferred by the cedant creditor.”– Chief Justice of the Southern Rhodesia High …

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Book Review: UBUNTU An African Jurisprudence

UBUNTU An African Jurisprudence by T W Bennett, assisted by AR Munro & P J Jacobs  (223 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The adoption of this Constitution lays the secure foundation for the people of South Africa to transcend the divisions and strife of the past, which generated gross violations of human rights, the transgression of humanitarian principles …

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Book Review: The Law of Arbitration

The Law of Arbitration South African and International Arbitration by PAA RAMSDEN (Second Edition) (416 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “The settlement or the solution of all disputes or conflicts of whatever nature or of whatever origin they may be which may arise… shall never be sought by either side except by pacific means”– from the Kellogg-Briand Pact, signed …

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Book Review: Precedents for Applications in Civil Proceedings

Precedents for Applications in Civil Proceedings by Peter van Blerk (772 pages) Juta & Co (Pty) Ltd www.jutalaw.co.za “Then rising with Aurora’s light, The Muse invoked, sit down to write; Blot out, correct, insert, refine, Enlarge, diminish, interline.”– Jonathan Swift (1667-1745). The ability of lawyers to draft and craft affidavits in application proceedings is fundamental to a civil litigation practice. Not …

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TerraLex Partners with HighQ to Enhance Members’ Ability to Collaborate

Fairbridges Wertheim Becker is the exclusive South African member of the global network of independent law firms TerraLex. TerraLex has announced its recent partnership with HighQ, a leading tech company providing a range of solutions to help law firms solve real business problems through higher levels of collaboration.  The network has partnered with HighQ to drive even more innovation for member …