September 2016


Editor's Note - September 2016 Editor's Note September 2016

If there is one thing about which one cannot complain about, living in South Africa, it is being bored. August provided everyone with plenty to discuss.

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The billable hour – its history and future Management September 2016

Hourly billing was first adopted by lawyers in the United States in the 1960s and by South African lawyers in the mid-1970s. It is now the bedrock of law firm economics, and forms an important part of how lawyers are evaluated within their firms. It has also become the dominant and most easily determinable factor in working out how much a client should pay for legal services. Although criticised by clients, it is a measure they understand and, historically, have been reluctant to move away from. Apart from client discomfort, a new generation of lawyers are finding it harder to see a future for themselves in an environment where every moment of every working day has to be recorded and accounted for.

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The greatest skill of all Management September 2016

I would like to write about influence.

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Greenfields logic in a Brownfields reality Mining Law September 2016

South Africa has a water-constrained mining-based national economy, not yet fully transitioned to a beneficiation, industrial or services economy. The mining sector is in crisis, a situation driven by various factors. In a survey of mining executives conducted by the Fraser Institute in 2013, South Africa was ranked 109th out of a possible 112 jurisdictions in terms of labour relations, with 17% of all executives canvassed noting their unwillingness to consider investment.

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Of mines and houses Mining Law September 2016

On 10 June, the South African Revenue Service (SARS) issued Binding Private Ruling 239 on the income tax consequences of cash contributions to be made by the Applicant (as a party to a mining joint venture) to a special purpose vehicle established to provide housing for the employees of the joint venture and the Applicant's group of companies.

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Purpose trumps effect Administrative Law September 2016

Part 2

This is part 2 of the case discussion of Roering NO v Mahlangu [2016] ZASCA 79 (30 May 2016). Since the recognition by our courts of the use of the constitutional principle of legality as a "catch-all" or "residual" ground for the review of conduct by public bodies, there appears to be an increasing trend by courts to skirt around pronouncing on whether decisions under review constitute "administrative action" reviewable under the Promotion of Administrative Justice Act 3 of 2000 (PAJA) or not. While this is an understandably practical approach, it unfortunately leads to obscurity in relation to what constitutes administrative action as contemplated under PAJA and what does not.

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Goodbye, Goodwill Company Law September 2016

The "Trego prohibition" has become a well-known and equally well observed principle in South African corporate law since its reception from English Law in the case of A Becker & Co (Pty) Ltd v Becker & others 1981 (3) SA 406 (A) (Becker). The "Trego prohibition" is an implied prohibition that bars a seller of a business (inclusive of the goodwill) as a going concern from canvassing existing clients after the sale of the business.

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Delinquent directors Company Law September 2016

Te case of Gihwala and Others v Grancy Property Ltd and Others [2016] 2 All SA 649 (SCA) (Gihwala case) provides an assessment of the conduct of individuals who purport to hold the office of a director of a company only to be found to have neglected the resulting obligations attached by law to this position.

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The forgotten substitutes Company Law September 2016

Who are alternate directors? While directors and the rights and duties that follow from holding such an office have been extensively examined under South African Company Law, not nearly as much attention has been given to alternate directors.

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Sweet Sweet Platteland Perspective September 2016

Judicially-sanctioned land grabs in Zimbabwe have been traumatic for those whose land is taken away. And they aren't always easy even for those on the receiving end of government policy. This article is about a beneficiary who wanted more – and lied to the court to get it.

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Formal recognition of the ASA Advertising September 2016

After the decision in the Johannesburg High Court in the matter of Herbex (Pty) Ltd v The Advertising Standards Authority [2016] (14/45714) (25 April 2016) (ZAGPJHC), the Advertising Standards Authority (ASA) was left in a precarious position in that it no longer has jurisdiction over non-members. It is in this context that the ASA's publication of its application in terms of s82 of the Consumer Protection Act (68 of 2008) (CPA) is most welcome.

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

Lawyer charged with theft of $4 policy manual pages

A legal aid lawyer in Texas who won a suit against a housing authority has been charged with theft for allegedly stealing some pages from its policy manual. The lawyer represented a retiree who successfully sued the housing authority after being kicked out of the housing programme. The authority alleges the lawyer asked to see its policies and procedures manual before the trial and pages were missing after she returned it. The authority estimates the cost of replacing the missing pages at $4. The city attorney's office has decided to pursue the case and is seeking a $392 fine. The Legal Aid Bureau says the charges are unfounded, were filed in retaliation and will be defended. Debra Cassens Weiss August 1

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The World in August International September 2016

Kenyan weddings are cause for lengthy celebrations – often five days long, and include parties that go on well into the night. This is now a thing of the past after an increase in attacks on wedding parties by knife-wielding gangs. If families want the wedding to continue after 10pm they will have to get police clearance, and pay for armed officers. The directive has been called "archaic" and Head of non-governmental organisation Commission for Human Rights and Justice, Julius Ogogoh, said, "The government cannot ban night weddings, which are cultural in this region."

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A new world of technology Broadcasting Law September 2016

For many years, a traditional television set was the only way a consumer could gain access to audio-visual content. In particular, until fairly recently, consumers in South Africa only had a choice between Dstv and Toptv if they wished to access pay-tv.

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Interpretation of a construction guarantee Contract Law September 2016

In the recent case of Mutual & Federal Insurance Company Limited v KNS Construction (208/15) [2016] ZASCA 87 (31 May 2016), the SCA was concerned with the interpretation of a construction guarantee.

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