October 2016


A glance at the law of champerty The Law October 2016

A champertous agreement is one in terms of which a person provides a litigant with funds to prosecute an action in return for a share of the proceeds. It goes back to the Roman and Roman-Dutch periods. Originally known as pacta de quota litis, these agreements were looked upon with disfavour by the courts. They were considered to encourage speculative litigation and consequently abused the legal process.

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A tipsy start? Liquor Law October 2016

The Department of Trade and Industry (the DTI) published the National Liquor Policy (the NLP) in the Government Gazette on 20 May 2015, and invited the public and relevant stakeholders to submit their comments to the DTI by 30 May 2015.

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Intellectual Property Law updates Intellectual Property October 2016

On 19 August the Department of Health in South Africa published draft Regulations relating to the Labelling,Advertising and Composition of Cosmetics in terms of the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972.

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The ambit of the omnibus Intellectual Property October 2016

A review of omnibus claims in South African Patent Law is warranted, particularly in light of recent Australian case law dealing with omnibus claims (Rickitt Benckiser v GlaxoSmithKline {2015} FCA 486). Omnibus claims can be defined as patent claims directed to the description, drawings and/or examples of a patent specification without expressly reciting any technical features of the product or process.

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Tales from the US of A... - October 2016 International October 2016

Exhibit room clean up affects over 1 000 cases More than 20 000 pieces of evidence were destroyed when Texas deputy constables cleaned out a property room in January 2016. This could potentially affect more than 1 000 criminal cases. Prosecutors have been asked to try to resurrect these cases as best they can. The deputy principally responsible has since been fired. One hundred and forty two criminal cases have already been dismissed as a result of the lost evidence. Debra Cassens Weiss September 7

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The World in September - October 2016 International October 2016

Rosie and Ruby Formosa were joined at the abdomen and shared part of an intestine at birth. They were not expected to survive but an emergency operation to separate them was successful and now the four-year-old twins are to start their first day of primary school in London.

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Date of customary marriage? Consumer Law October 2016

Section 17(2)(a) of the Deeds Registries Act (47 of 1937) provides that every deed and other document lodged in the Deeds Office must state the full name and marital status of the person concerned. In this regard, conveyancers are required to establish the marital status of all parties to a transaction.We know that in terms of our law, the marital status of a natural person may either be unmarried; widowed; married, with legal consequences governed by another country; and married, either in or out of community of property.

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Not always limited to fiction Law of Succession October 2016

Scriptwriters are fond of depicting the drama unfolding amongst relatives and beneficiaries at the reading of a Will – an event that is reflected as being a typical and important moment in the estate administration process. Not always limited to fiction, more recently the announcement of the reading of the Will of the late former President Nelson Mandela was, in light of the already heightened family tension, met with much anticipation.

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Settlement agreements: when are they enforceable? Employment Law October 2016

In the recent past, the Labour Appeal Court and the Supreme Court of Appeal were required to pronounce on whether failure to comply with a settlement order amounts to contempt of court. The reasoning in the two judgements appears to be at odds. The question that lingers is,which judgement is correct or should be followed? This article attempts to shed some light of the topic.

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Temporary emergency shelter Probono October 2016

In City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another, the Constitutional Court (CC) had to decide whether there was a duty on the state to provide temporary emergency shelter to occupants of private property, who faced the possibility of homelessness upon eviction. The CC found that the City of Johannesburg (COJ) was obliged to provide this, irrespective of whether the land was state owned or privately owned.

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The Annual Pro Bono Awards National News October 2016

For the third consecutive year ProBono.Org hosted an awards ceremony to celebrate and recognise pro bono work. Integrating pro bono work fully into the practice of all attorneys, advocates and others continues to be a challenge. However, many have done so with a remarkable degree of commitment and enthusiasm. It is these people that this event recognises, hoping that others will follow suit. ProBono.Org strives to involve law firms, in particular, in pro bono matters that suit their expertise and interest, Great strides have been made in our first 10 years, but many more legal professionals could contribute to give poor and indigent people a legal voice. It was pleasing to see a marked increase in the participation of small law firms in the awards this year.

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National News - October 2016 National News October 2016

Odette Geldenhuys was named the 2016 Pro Bono Lawyer of the Year by the International Bar Association (IBA). She received the award at a ceremony held in Washington DC on 19 September. Geldenhuys is the first lawyer on the African continent to receive the title from the IBA. On receiving the award in Washington DC, Geldenhuys said: "Caring about the little things keeps things real for me, specifically in the pro bono context that signifies the 'little person'.

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Corporate Finance Roundup Deal Selection October 2016

JSE Listed M&A

Afrimat has announced that African Rainbow Capital (ARC) has offered to purchase 26,300,000 shares in Afrimat held by Afrimat Empowerment Investments for an undisclosed sum. The shares represent 18.36% of Afrimat's share capital. ARC has agreed to a lock in period of four years once the deal has been successfully concluded.

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Should you upgrade to Windows 10? Lifestyle - Gadgets October 2016

Microsoft remains a giant in the tech world but the company has not escaped its fair share of tech blunders. While there may be some disagreement on the efficacy of some versions of Windows – 30 years of Microsoft Windows have left most in agreement that Windows ME (Millennium) and Vista were terrible. After the Vista failure, Microsoft redeemed itself with Windows 7. Many became hopeful, believing that things would only get better...

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Prevention is better than cure Lifestyle - Motoring October 2016

You need just three minutes of the morning traffic report to realise the "law of the jungle" situation that we face on our roads.With such lawlessness around, we have a responsibility not to add to the menace; this we do by being logical and sensible about what we do for and teach our teen drivers.

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