October 2015


Retweets and recruits: hiring in the age of social media Student Feature October 2015

Technology has shifted in leaps and bounds over the past 20 years. The consequences of this have spread through all industries, including the legal field. Law school graduates in the distant past could count on a family connection, posted application letters or literally knocked on doors to secure articles of clerkship at law firms. However, in 2015, with much of our world being swallowed up online, we live in a world where firms are able to tap into a vast array of online resources that provide the inputs into the algorithm that may decide whether or not a law graduate is given articles of clerkship.

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South African court limits the protection of human dignity Student Feature October 2015

In today's world, the internet and social media platforms – Facebook, Twitter, LinkedIn and Google+ included – are the most effective and immediate way of conveying information. This, however, can act as a double-edged sword as posts via social media platforms can be deemed defamatory.

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Getting articles: begin with the end in mind Student Feature October 2015

There are various career paths open to LLB graduates. No matter where you plan to go, your next move is going to be very influential. Becoming an admitted attorney is a pretty good start for most of the legal career choices out there. By far the majority of job specs include this as a minimum requirement.

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So you want to be a lawyer? Student Feature October 2015

"So you want to be a lawyer?" a question that I have been asked many times.

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Tales from the US of A . . . - October 2015 International October 2015

Teen faces manslaughter charges for assisting in suicide

An 18-year old girl in Massachusetts has been charged with involuntary manslaughter for texts she sent her boyfriend allegedly encouraging him to commit suicide.

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The World in September - October 2015 International October 2015

Civil engineering students from Queen's University, Belfast built a 96ft-long bridge out of Meccano. The approximately 11 000 Meccano pieces are held together by 70 000 nuts, bolts and washers. Guinness World Records officials have confirmed that the footbridge, which spans part of the River Lagan, is the largest construction built from Meccano.

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When a testators’s “will” shall not be done Accounting October 2015

In Hanekom v Voigt N.O. & Others (A94/2015) [2015] ZAWCHC (13 August 2015), the Appellant challenged the validity of a consensual amendment to a trust instrument of testamentary origin. This prompted an investigation into, amongst other things, the powers of the Master of the High Court in authorising persons to act as trustees in terms of the Trust Property Control Act (57 of 1988) (TPCA).

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Societal considerations affect Constitutional property Constitutional Law October 2015

When the Apartheid era came to an end and the constitutional era began, the introduction of the Bill of Rights raised questions as to how lawyers and courts needed to interpret the notion of "property" in the constitutional context and what the impact of this constitutional property concept would be on South African private law.

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Is the South African mining industry in a crisis? Mining October 2015

It has been interesting to follow the debate whether the South African mining industry is actually in a crisis or not. This debate is irrelevant. The effects of the downturn in demand, tumbling commodity prices, increased and rising production costs, labour unrest and work stoppages can be felt and seen. It only takes a trip to key mining areas such as Witbank, Middelburg and Rustenburg, to name a few, to see this impact.

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Proposed CIDB regulation amendments Construction Law October 2015

On 29 May the Minister of Public Works issued a notice of the Ministry's intention to amend the Construction Industry Development Regulations of 2004 (as amended). The amendment of the regulations is issued in terms of the Construction Industry Board Act of 2000.

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The Mother Platteland Perspective October 2015

Adisputed signature at the heart of litigation over a debt; thousands of pages of unnecessary legal waffle; judges declaring they aren't pigs looking for truffles and urging counsel to act more like iceballs than snowballs.

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Shedding light on sale and repurchase transactions Contract Law October 2015

On 22 May the Commercial Court of London ruled on important principles of the sale and repurchase of commodities in Mercuria Energy Trading Pte Ltd and Mercuria Energy Group Ltd v. Citibank NA and Citigroup Global Markets Ltd [2015] EWHC 1481 (Comm) 2015.

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Upping the ante on maintenance orders Family Law October 2015

"AND WHEREAS the Republic of South Africa is committed to giving high priority to the rights of children, to their survival and to their protection and development…" The Preamble to the Maintenance Act 99 of 1998.

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Refugee rights protection in South Africa Human Rights Law October 2015

South Africa became party to the 1951 Convention relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in 1995. These instruments are the core international human rights laws that promote and protect the rights of refugees. To make these instruments enforceable at the national level, in 1998 South Africa adopted the Refugees Act 130 of 1998, which was later amended by the Refugees Amendment Act (33 of 2008).

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ProBono.Org’s 2nd Annual Pro Bono Awards Ceremony Probono October 2015

ProBono.Org hosted the second Pro Bono Awards Ceremony on 17 September. Advocates, attorneys, candidate attorneys, the press, community advice office paralegals and others gathered together at The Hill restaurant at Constitution Hill to celebrate the contribution lawyers are making to the poor and needy through pro bono work. Advocate Thuli Madonsela addressed the audience, stressing the imperative of placing the rule of law at the centre of societal peace and progress, saying that "access to justice, incorporating legal empowerment of the poor, is an essential part of the rule of law."

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