May 2016


The trouble with Oppelt Medical Law May 2016

Has the recent Constitutional Court decision of Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape 2015 (12) BCLR 1471 (CC) resulted in the effective substitution of expert evidence by the logical reasoning of court? If so, the question is, where does this leave us?

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The man who sold the world Financial Law May 2016

The loss of David Bowie earlier this year prompted much discussion of his musical legacy; less well-publicised was his contribution to finance.

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A bad penny always turns up Financial Law May 2016

In the recent Supreme Court of Appeal decision of ABSA Bank v Hammerle Group (Pty) Ltd [2015] JOL 33570, the SCA confirmed the general rule that statements made without prejudice in the course of bona fide negotiations for the settlement of a dispute are inadmissible. However, there are often exceptions to general rules and, as the old saying goes, there are always bad pennies that turn up at the most inopportune times.

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Escaping the net Financial Law May 2016

On 27 October 2015, the Financial Sector Regulation Bill [B34 – 2015] (FSR Bill) was introduced in the National Assembly. A curious feature of the Bill is the clause which deals with the liability of members of a financial institution's governing body; its application is extremely onerous.

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The Kluh-ed up taxpayer wins Tax May 2016

In its efforts to increase its income from tax revenue, the South African Revenue Service (SARS) sometimes applies legislative provisions in tax legislation in a manner that can best be described as tenuous. An example of this is apparent from the recent decision of the Supreme Court of Appeal (SCA) in CSARS v Kluh Investments (Pty) Ltd (115/2015) [2016] ZASCA 5 (1 March 2016).

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Your will and the EU Succession Regulations Law of Succession May 2016

Everyone with ties to the EU by reason of nationality, habitual residence or simply owning assets in an EU Member State should review their Will in light of the new EU regulation which applies to the succession of persons who died on or after 17 August 2015.

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Divorce Platteland Perspective May 2016

People in the platteland are often more conservative about lifestyle than city people, on questions of divorce as much as anything else. So the people in my little dorp were a little amazed to read about a recent spat between a divorcing couple over the woman's new relationship and the impact, if any, that this should make on the husband's interim maintenance payments.

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“Historical debt” Municipal Law May 2016

PART 1

For some time municipalities have attempted to burden registered property owners with liability for the historical debt due to them by the previous owners of the property. The term “historical debt" to describe outstanding municipal debt incurred in respect of a property that is due but not paid at the time that a clearance certificate is issued by the municipality in terms of s118(1) of the Local Government: Municipal Systems Act 32 of 2000.

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Back to basics Municipal Law May 2016

Municipalities operate at the coal face of our society and have to deal with the pressure of service delivery to households. The challenges are caused by urbanisation, institutional inefficiencies, inefficient infrastructure maintenance, reliance on a weak revenue base, and an increase in service delivery protests.

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The status of practice protocols and directives of the high courts The Law May 2016

Part 2

On 1 December 2015, the Supreme Court of Appeal (SCA) found the following:

"I pause to mention that a practice manual or directive duly promulgated by the Judge President of a division of the High Court, has the same force and effect as the Uniform rules." (Rossitter & others v Nedbank Ltd (96/2014 ZSCA 1 December 2015 at paragraph 15.) (The emphasis is ours.)

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Privacy after death in the digital world The Law May 2016

Part 2

The expansion of technology has created many benefits that influence our daily lives. And, as many have noted, the expansion of technology has irreversibly transformed the landscape of social interaction and laws governing our lives.

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The Oscar Pistorius trial – some of the issues explained The Law May 2016

Part 5

In parts 3 and 4 of this series of articles, I explained the implications of competent verdicts. In this part I will deal with the specific offence of culpable homicide, being a competent verdict to a murder charge and the crime Pistorius was inter alia convicted of in the court of first instance.

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Intellectual Property Law updates Intellectual Property May 2016

Kenya was the first country in Africa to join the International Union for the Protection of New Varieties of Plants (UPOV) Convention when it became a member on 13 May 1999. On 11 April 2016, Kenya deposited its instrument of accession to the 1991 Act of UPOV Convention and is the 56th member to become bound by the 1991 Act of the UPOV Convention. The 1991 Act will enter into force in Kenya on 11 May 2016.

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What’s the beef with macon? Intellectual Property May 2016

“Macon" is a foodstuff typically used as a substitute for bacon in meals (usually fast-foods) marketed to consumers who, by reasons of their religion or dietary choices, do not eat pork. It may come as a surprise that there is no industry standard definition for “macon" or criteria for its ingredients or the way in which it is prepared. It is, however, commonly thought to be prepared from mutton that has been cured by being soaked in salt and brine. The assumption is that the letter “m" in “macon", replacing the “b" in “bacon", infers that “macon" is produced from mutton. This seems to be a reasonable assumption but, in South Africa, does it hold true?

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Are you busy missing opportunity Management May 2016

Barclays, Volkswagen, Tesco are three massive businesses in three significant, sophisticated and important business sectors. Each one of these highly successful and long-lived businesses has access to significant in-house legal expertise, each is capable of paying for the best legal advice money can buy and each has invested heavily in risk management. And all of them are now paying the price for poor decisions made by some senior people behaving badly, very badly.

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