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Evicting a Tenant? Not so Fast!

Whilst it is accepted law that a landlord is entitled to give a commercial property tenant only one month’s notice to vacate the premises where the tenancy has continued by agreement on a month-to-month basis following the lapsing of the original agreement, the Johannesburg High Court recently set out the circumstances where, and for how long, the eviction from commercial property can … Read More

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Boardroom Battles – When Shareholders fall out.

The Johannesburg High Court has set out the duties of directors of a company where the only two shareholders locked horns in dispute with each other. An application made by the majority shareholder (60%) was met by a counter-application by the minority shareholder (40%). The two had clearly fallen out, were involved in other litigation against each other, and did … Read More

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Book Review: Undoing Delict

The South African Law of Delict under the Constitution by Anton Fagan (316 pages) Juta & Co (Pty) Ltd “The common law is not to be trapped within the limitations of its past. It need not be interpreted in conditions of social and constitutional ossification. It needs to be revisited and revitalised with the spirit of the constitutional values defined in … the Constitution…” – … Read More

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Book Review: Trust Law in South Africa

By Walter D. Geach Editor: Louise du Toit (553 pages) Juta & Co (Pty) Ltd “Where large sums of money are concerned, it is advisable to trust nobody.” – Agatha Christie (1891-1976) The law relating to trusts in South Africa is one of those areas where the common law still plays a major role. Of course, specific sections of a … Read More

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Book Review: The Law of the Sea

The African Union and its Member States Editors: Patrick Vrancken and Martin Tsamenyi (867 pages) Juta & Co (Pty) Ltd “On life’s vast ocean diversely we sail, Reason the card, but passion is the gale.” – Alexander Pope (1688 – 1744) Taking ownership of the sacred responsibility of safeguarding the future of our planet has become increasingly urgent as … Read More

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Book Review: Child Law in South Africa (2nd Edition)

Edited by Trynie Boezaart (853 pages) Juta & Co (Pty) Ltd – “Child! do not throw this book about; Refrain from the unholy pleasure Of cutting all the pictures out! Preserve it as your chiefest treasure.” – Hilaire Belloc (1870-1953) Not every child grows up to become an adult. But every adult was once a child. It is said we never lose … Read More

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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 … Read More

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

The independent rating agency (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 … Read More

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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 … Read More

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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 “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 … Read More

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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 … Read More

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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 … Read More

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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 … Read More

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 … Read More

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 … Read More

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 … Read More

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 … Read More