Latest Issue - September 2018


Editor's Note - September 2018 Editor's Note

In South Africa, women's month is August; and within August we have a public holiday to celebrate women. Internationally March is recognised as women's month.

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The construction mafia: how to deal with revolting protestors The Law / Court Process

Corporate South Africa is under siege. Businesses throughout Gauteng are engulfed in wave after wave of illegal protest action, often marred by violence, physical harm and the destruction of property. One need look no further than the rise of the so-called "construction mafia" who, after leading a campaign of terror for many years in KZN, have now infiltrated Gauteng and laid siege to construction projects (and mining companies) all over the province. The financial impact of these protests is catastrophic – no business can sustain the continuous onslaught of work stoppages, threats, intimidation and employees living in constant fear for their lives.

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Can private sports associations dribble past PAJA? The Law

While football followers worldwide were firmly focused on the FIFA Soccer World Cup in Russia, South African football followers' attention was divided between the South Gauteng High Court and Russia. The court was the central field in the matter relating to the eligibility of Mr Tendai Ndoro to play for Ajax Cape Town Football Club in the Premier Soccer League (PSL). There are two important judgments on the matter so far, Ndoro and another v South African Football Association and Others [2018] 3 All SA 277 (GJ) (Ndoro 1) and Ndoro and Another v Mokhari and Others (18413/2018) [2018] ZAGPJHC 435 (Ndoro 2).

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A deep dive into the murky waters of compliance Management

Enter the word "Compliance" or "Regulatory Compliance" into a website search engine, hit the google button and what do you get? A multitude of articles, publications and authoritative texts, not to mention a vast range of service offerings and products, all covering and elaborating on the concepts "compliance, legal compliance and regulatory compliance".

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Selling trust property Financial Law

Many years ago it was common for risk exposed, risk averse professionals, as well as owners of businesses, to buy "their" residential properties via an inter vivos family trust. This meant the property would have been registered in the name of the trust or the trustees depending on institutional requirements or advice received.

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“Trust Issues” Financial Law

Trust law and the regulation of trust property originated as an English Law concept, whereas the South African legal system is based on Roman Dutch Law. Consequently, trust law in South Africa has historically been regulated by the common law and the law of contract.

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Late bond. Cheap house? Financial Law

Most South Africans purchase immovable property by way of a bank loan. This process involves a mortgage bond being registered over the immovable property as security by the bank, to ensure that if a person defaults on the loan, the bank can rely on the security to claim any outstanding money owed to them.

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The Twin Peaks Model – a new approach Financial Law

The Financial Sector Regulation Act (9 of 2017) (the FSR Act) was signed into law on 21 August 2017, and establishes a "Twin Peak" model for financial sector regulation.

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Grand Inga – Will the DRC’s 40 Gigawatt project ever see the light? Africa - Energy Law

The hydroelectric potential of the Inga falls on the Congo River has been a dream for the Congolese people, and engineers since the 1950s. This project has the potential to provide electricity to half of the continent, from South Africa to Egypt, but is it possible to implement it in the face of the DRC's political, technical, economical and logistical realities?

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INTRODUCTION - September 2018 Employment Law - Feature

Today's world presents challenges never previously encountered. We live in glass houses - social media has ensured that - and our privacy, well - even that is no longer a personal choice, despite legislative attempts.

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EMPLOYMENT LANDSCAPE IN AFRICA Employment Law - Feature

The African continent is rich in social and cultural diversity but that is not all. Africa has so much to offer, especially its natural resources such as platinum, cobalt, uranium, tantalum, gold, diamonds and oil, not forgetting the array of agricultural product that is grown and exported to the Western World.

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RACIST SPEECH: WORDS THAT HURT Employment Law - Feature

Racism, whether in a disguised or undisguised form still bedevils relations in the workplace. Employers need to take a stance and make it clear to all employees that it has no place.

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RESOLUTION OF CLASS ACTION EQUAL PAY DISPUTES Employment Law - Feature

The insertion of the equal pay provisions into the Employment Equity Act in 2014 and the subsequent amendment of the Labour Relations Act (LRA) in 2015 in respect of equal pay for labour broker employees, part-time employees and fixed-term employees have resulted in a litany of disputes being referred to the CCMA.

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YOU SAY IT BEST WHEN YOU SAY NOTHING AT ALL Employment Law - Feature

With the advent of the #MeToo Movement, which went viral in October 2017, there has been increasing focus on the widespread prevalence of sexual assault and harassment, especially in the workplace. Millions of victims of sexual assault and harassment have voiced their experiences and, for the first time, many have felt comfortable to talk about it in the workplace, on social media, and in other public fora.

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“Medical Malpractice in South Africa” Medical Law - Book Review

The sharp increase in medical malpractice lawsuits over the past few years presents challenges to the South African legal and healthcare communities. Many lawyers have to rapidly learn to navigate their way through medical negligence lawsuits, where the pitfalls are many. An increasing number of doctors find themselves caught up in litigation, either as defendants or expert witnesses. The insurance industry and public service too, are grappling with the spiralling costs of healthcare claims.

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