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Monday, February 18, 2019

IBA reacts to South Africa’s intended ICC withdrawal

Reacting to South Africa's withdrawal from the International Criminal Court (ICC), international law expert Dr Mark Ellis, Executive Director of the International Bar Association...

IBA reaction to John Bolton’s attack on the International Criminal Court

The extraordinary attack launched by United States National Security Advisor John Bolton against the International Criminal Court (ICC) not only dismisses the principle of accountability for war crimes, but reinforces the Trump administration's repugnant policy of exceptionalism, whereby the US demands adherence to international law by all countries except itself.

Use aggravation to counter mitigation

When an employer fires an employee for dishonesty or gross dereliction of duty it normally intends for the employee to stay fired. However, the Labour Relations Act (LRA) dilutes the employer’s right to dismiss by:

Labour Court hits employers where it hurts

The Labour Court delivered its judgment in the matter of SATAWU and Others v Sihlangene Security & Cleaning CC and Another, whereby the court showed its displeasure for a complete absence of prior procedure followed when dismissing employees. This judgment offers a stern reminder to employers to ensure that dismissals are effected not only for a fair reason, but also in accordance with a fair procedure. Failure to do so may result in a hefty compensation award coupled with a cost order.

Protection of Investment Act becomes law and may deter foreign investment

President Cyril Ramaphosa activated the controversial Investment Act 22 of 2015, by publication of a notice in the Government Gazette, on Friday 13 July.

Marijuana (dagga) – personal use now legal, but regulations required

The Constitutional Court announced today that dagga is now legal in South Africa for private use. However,  there are a number of concerns and questions around regulation and control that still need to be addressed to ensure the safety of both users and non-users.

LABOUR BROKERS: Labour Appeal Court Supports Single Employer Interpretation

The uncertainty in relation to employees in Temporary Employment Services (TES) has taken another step towards clarity with a recent decision of the Labour...


The International Bar Association's Human Rights Institute (IBAHRI) welcomes the ruling by South Africa's North Gauteng High Court ordering the Government to revoke its...

Protection of Information Act leaves loopholes for fraudsters

As the rate of identity theft accelerates, some have asked how information becomes available to companies and people pushing goods and services that an individual has no knowledge of requesting.

Disclosing corruption: corporates must look to their futures

David Loxton | Partner | Dentons | mail me | Guptagate is demonstrating at length, and in the full glare of the media, how formerly respected...
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