August 2017


Editor’s Note - August 2017 Editor's Note August 2017

August is widely recognised as women's month and this year without prejudice carries a feature on women, their challenges and their desire to make it to the top. We have only one author who writes on the topic as seen through the eyes of the species from "Mars". Paul Gilbert is uniquely positioned through LBC Wise Counsel to comment and he writes eloquently and sensitively on a topic that never fails to elicit debate.

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Rescuing Dead Horses Company Law August 2017

What can the UK and South Africa learn from each other by comparing the Business Rescue regime with Administration?

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An issue for interpretation Construction Law August 2017

A comparison of FIDIC, NEC and JBCC provisions regarding an employer's right to claim for latent defects.

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Bankrolling arbitrations – scope for third party funding in African international arbitrations? Arbitration August 2017

Third party funding in international arbitration has become a hot topic of late, receiving relatively equal praise and criticism. This type of funding is not a new innovation but it is certainly something to which African litigants should pay careful attention.

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Sexual assault-perpetrators can now face prosecution more than 20-years after the offence Criminal Law August 2017

Sexual assault was previously prosecuted as a common law crime of indecent assault. It is only after 2007, through the Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) (Sexual Offences Act), that sexual assault became a statutory crime. The Sexual Offences Act defines sexual assault as the unlawful intentional sexual violation, or inspiration of the belief that one will be sexually violated, by another person without their consent or compelling a person to sexually violate themselves without their consent.

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The fast and the furious The Law August 2017

How to cross the finish line at 320 km/hr, in reverse, with a burning engine, three punctured tyres and no steering wheel... No problem!

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Protesting peacefully beyond the law is no crime The Law August 2017

In what can be viewed as yet another significant milestone in the protection of the sanctity of the right to protest in South Africa, the Free State High Court has found that the mere attendance of a peaceful gathering/protest in respect of which there has been no compliance with the requirements of the Regulation of Gatherings Act (205 of 1993) (RGA) is not a crime. This was the finding of the court in Tsoaeli v S case no A222/2015 (FS(B)) (unreported), per Molemela JP.

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The pathways to administrative law review The Law August 2017

Administrative law regulates the activities of bodies that exercise public powers and perform public functions. This is irrespective of whether those bodies are public authorities in the strict sense. Accordingly, private bodies exercising a public function will also fall within the ambit of administrative law. It is thus not important to consider whether the body that you are dealing with is a public or private body, but rather whether that body is exercising a public or private function.

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Bridging the generation gap – learning from the millennials Management August 2017

In a recent report , "Legal Department 2025 – The Generational Shift in Legal Departments: Working with Millennials and Avoiding Baby Boomer Brain Drain", it was found that only 26% of law firms have a succession plan in place that aims to empower millennials to take on leadership roles in the firm.

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Micro-insurance – is it a game changer? Financial Law August 2017

What is microinsurance?

What is micro-insurance? And how it is different from regular insurance which has existed, in various forms, for thousands of years? Micro-insurance can be described as the protection of low-income people against specific perils in exchange for regular premium payments proportionate to the likelihood and cost of the risk involved. It is generally intended for those who have been ignored by mainstream commercial and social insurance schemes – it is for persons who previously have not had access to appropriate financial products.

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Women in Law Feature : Introduction Women in law August 2017

The challenges for women in law are easy to see, the solutions less so.

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SALLY HUTTON, WEBBER WENDEL - PROFILE Accounting August 2017

Sally Hutton became Managing Partner of Webber Wentzel, one of South Africa's largest law firms, in March 2015. Her friendly manner and demeanour belie the steely resolve that must be required to steer one of the country's most respected law firms. Sally is eminently approachable. She is also extremely professional and efficient and absolutely honest.

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NOT BENDY LAWYERS Women in law August 2017

Flexible working is not a requirement for more bendy lawyers. In my view, however, it is the single biggest driver for change in the legal profession – greater than any tech innovation, greater than any disruptive influence from new legal services providers and far greater than changing the hourly rate charging model.

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WHAT (YOUNG) WOMEN WANT Women in law August 2017

The term "Transformation" has become such a catch-phrase in recent years. It is easy to forget the actual tenets of what the term encompasses, even more so in the corporate environment that finds itself under pressure to meet legislative demands. In certain circumstances, companies have placed emphasis on certain principles over others. Put differently, in recent years, the emphasis for companies has been on racial transformation. Whilst this is undoubtedly South Africa's greatest challenge, the emphasis on racial transformation has resulted in gender transformation taking a backseat.

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THE CHANGING FACE OF LAW FIRMS Women in law August 2017

Hogan Lovells in South Africa increased its female ownership to over 40% this year, and quite a few of our female partners are heading up their practice areas.

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