November 2016


Dladla: Temporary emergency accommodation resolved! Probono November 2016

The Supreme Court of Appeal on 18 May, in the case of City of Johannesburg v Dladla (403/15) [2016] ZASCA 66 (Dladla) held that the Ekhuthuleni Overnight/Decant Shelter House Rules (house rules) of the temporary emergency accommodation provided by the City of Johannesburg to occupiers, is not unconstitutional.

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Tales from the US of A... November 2016 International November 2016

Murder conviction overturned because of judge's plumber remarks

A judge who made remarks to a jury about her horrible experiences with plumbers, which were intended to warn them of the danger of prejudging witnesses, resulted in a murder conviction being overturned because the defendant had occasionally worked for a plumbing contractor who was his key alibi witness. In jury selection, the judge told the potential jury members that she had had recent horrible experiences with plumbers, which might cause her to think any plumber was not telling the truth but that would prejudge the person and be unfair. Six of the potential jurors who heard the judge's plumber story ended up on the jury. The plumbing contractor's credibility was at issue because the prosecution had argued he was lying for his friend in providing an alibi. The fact that the judge told the jurors to ignore her comments did not cure the prejudice. In this context, the appeals court quoted the famous words spoken by the Wizard of Oz "Pay no attention to that man behind the curtain!" - Debra Cassens Weiss October 13

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The World in October International November 2016

Nature can be extremely cruel. Hurricane Matthew, the worst storm in a decade with winds of up to 145mph and torrential rain, hit Haiti and flattened villages, bridges and ripped up roads. More than 1 000 people have lost their lives. Cholera followed and more lives have been lost. In addition 175 000 people have lost their homes, crops and livestock.

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Not always limited to fiction Law of Succession November 2016

Part 2

Legislation has been passed in various countries which regulates, amongst others, who must be notified of the Will, who must be provided with copies of the Will, the specific form and how the delivery of the copies must take place. The local position is different.

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New developments in interpretation Contract Law November 2016

A written document attempts to convey a message from the author to the reader. The challenge has always been to do so in a way that it is properly understood by the recipient. Language is inherently flexible, often ambiguous and vague, and may not fix the precise intended meaning. Many words have more than one meaning, may mean different things to different people, and the meaning of words sometimes change over time and may be qualified by the factual context in which they are used. Language, therefore, doesn't always fix meaning – it may only circumscribe the limits of possible meaning. ('Principles of the Interpretation of Contracts in South Africa' by SJ Cornelius (2nd Ed), pages 2 and 25). It may, therefore, sometimes be necessary to determine the meaning of the message. Interpretation is the process of attributing the proper meaning to a text.

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National News - November 2016 National News November 2016

PwC

PwC acquired the corporate advisory business of Read Hope Phillips (RHP) Attorneys with effect from 1 November 2016. The firm will constitute a new corporate and M&A legal advisory business unit within PwC Africa under the international 'PwC Legal' brand. This PwC Legal team will continue to provide legal services in mergers and acquisitions, corporate finance and public market transactions, competition law advice and services, and forensic services.

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JSE Listed M&A - November 2016 Deal Selection November 2016

Central Rand Gold has acquired waste mine dump material situated near the company's metallurgical plant. CRG will pay the vendor a nominal Rand per tonne fee and a percentage of the earnings before interest, tax, depreciation and amortisation.

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Looking after your assets Lifestyle - Motoring November 2016

Owning a car is much like having a wife. If you look after her and treat her right, you will get to enjoy the benefits of breakfast in bed and late night massages. Likewise, if you neglect her, you can expect the cold shoulder and dagger-like glares as you eat the "specially prepared" mushrooms. Just like your wife, in the long run, neglecting your car is going to hurt both your pocket and your heart.

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aftertaste Regional brands Lifestyle - Wine November 2016

A number of wine regions are successfully marketing themselves as specific variety or wine style specialists. The Swartland region, probably one of the best examples of collective wine marketing, is known for its amazing Chenin Blanc blends; the Hemel-en-Aarde area is known for South Africa's best, and certainly world class, Pinot Noir; Constantia is known for its great cool climate Sauvignon Blanc; and the Elgin district recently launched its first ever Chardonnay Colloquium to assert its position as a top Chardonnay region.

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Banking on Disruptive Technology DEWALDT VAN WYK November 2016 Lifestyle - Gadgets November 2016

According to Wikipedia, the term disruptive technologies was coined by Clayton M. Christensen in his 1995 article, Disruptive Technologies: Catching the Wave. A disruptive innovation "...creates a new market by providing a different set of values, which ultimately (and unexpectedly) overtakes an existing market." It turns the world upside down.

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Corporate Finance Overview - November 2017 Deal Selection November 2016

JSE Listed M&A

Coal of Africa disposed of the Mooiplaats colliery for R179,9m to a consortium of investors.

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