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Saturday, April 20, 2019
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Energy crisis – an act of treason?

Have members of the ruling party committed treason through bringing about the energy crisis? Whilst treason is broadly defined as ‘the crime of betraying one’s country’, what constitutes treason differs from country to country.

UCT Council vote unlawful, discriminatory and violates academic freedom

On Saturday 30 March, University of Cape Town (UCT) council members will vote on a controversial motion to restrict interaction between UCT and any Israeli academic institution. If adopted, not only would this be unconstitutional, discriminatory and flout the doctrine of academic freedom, it would be unlawful for certain members to have voted if they have previously been involved in actions relating to a boycott of Israeli institutions. 

State’s undermining of Rule of Law in private security regulation puts...

The Constitutional Court has declared that there is a disturbing dark side to the often-stated miracle of South Africa’s constitutional democracy: The country is plagued by crime, often viciously violent, sometimes sophisticated and organised, often ridiculously random, but always audacious and contemptuous of the values enshrined in the Constitution.

Understanding shareholder rights – tackling the Big Fish

An often misunderstood issue among entrepreneurs is the muddled duties of individuals who act in the roles of shareholder, director and employee. The court recently assisted to untangle these issues.

Loot Box systems – is it gambling?

Whenever you think about gambling you usually imagine yourself hitting the jackpot at a slot machine in the casino. However, what if gambling covered more than just a chance at winning a tangible prize? Does South African law recognise the possibility of gambling for virtual-items?

The right to strike responsibly?

South African industrial action has become synonymous with violent, unlawful conduct, as was discussed in the recent case of Association of Mineworkers & Construction Union & Others v KPMM Road & Earthworks (JA 147/2017) [2018] ZALAC 28 (31 October 2018).

Social media influencers and brand owners beware!

The rules are about to change... or the majority of brand owners, social media advertising is a must-have. Not only is this platform one of the most cost-effective ways of brand promotion, it also, almost instantaneously, reaches a large, targeted consumer base.

Advantages of mediating commercial disputes

There are a number of unfair stereotypes regarding mediation. For example, many believe that it is only appropriate for family law disputes or that it is akin to therapy where parties are required to talk about their feelings rather than dealing with the substances of a dispute.

Dereliction of duty charges must be proven

Dereliction of duty is a charge that is tempting for employers to use especially when they are angry with the employee concerned.

Is it feasible to be more inclusive in retrenchment talks?

The Association of Mineworkers and Construction Union (Amcu) has challenged the inclusivity of the Section 189(1) provisions of the Labour Relations Act, arguing retrenchments are so important that everyone needs to be consulted individually. But in our view, Section 189(1) is the most practical solution and in line with the principle of majoritarianism that runs throughout SA law.
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