Latest Issue - May 2018


Editor's note - May 2018 Editor's Note

One of the most important issues to be aired in 2017/2018 is that of harassment, predominantly sexual harassment. Attributed to Voltaire and frequently quoted, "with great freedom comes great responsibility".

Read More

Still not the end of the road for long term exclusive lease agreements Competition Law

Long-term exclusive lease agreements have always been controversial. These types of agreements set landlords and supermarket chain groups up against each other, often leading to costly legal action. It is not surprising that the Grocery Retail Market Inquiry (Retail Inquiry) has also been looking at concerns that these leases may contravene the Competition Act (89 of 1998), particularly where supermarkets have market power.

Read More

"Once empowered, always empowered" Mining Law

If you had been waiting for the outcome of the litigation between the Chamber of Mines and the Minister of Mineral Resources to provide clarity on empowerment in the mining sector going forward, you would probably be disappointed.

Read More

Court ruling on the "once empowered, always empowered" principle Mining Law

On 4 April, the High Court of South Africa (Gauteng Division, Pretoria) handed down its judgment in the matter between the Chamber of Mines of South Africa v Minister of Mineral Resources and Director-General, Department of Mineral Resources [case no.41661/2015], regarding the "once empowered, always empowered" principle.

Read More

Constitutional damages and the Life Esidemeni decision Constitutional Law

The Life Esidimeni saga has finally drawn to a close; at least as far as the arbitration process is concerned, with retired deputy chief justice Dikgang Moseneke announcing compensation to be paid to each of the claimants.

Read More

CRS – A mid-term retrospective Financial Law

In the second half of 2017, 49 Early Adopter Countries went through the first wave of reporting under the CRS (Common Reporting Standard); some 53 Late Adopter Countries will be doing the same thing in the first half of 2018. It is an opportune moment to look back and acknowledge that achieving this global level of automatic exchange of information is a significant accomplishment. At the same time, it is worth noting that there are some less accomplished aspects to the CRS, in particular its legal framework which gives rise to uncertainties in the application of the CRS and thus reduces its effectiveness.

Read More

Are project bonds a financing solution for Western and Central Africa? Financial Law

Recent developments in banking and finance regulations, along with a decline in banks' economic determinants in the wake of the financial crisis, have made capital markets an increasingly important source of funding in project finance, as banks have had to reduce their overall level of lending, especially for longterm and illiquid investments.

Read More

Patents . . . boring, esoteric. Hardly! Intellectual Property - Law

The trade war is being linked to patents. China, we're told, is playing dirty, for example by denying foreign patent holders the right to prevent Chinese companies from continuing to use licensed technology after the expiry of the licence. The USA needs to respond with tariffs, they say.

Read More

National News (Candidate Attorneys) - May 2018 National News

Adams & Adams

Commercial Property Litigation: Ayanda Mbonani, Christine Strauss, Courtney Elson, Danica Krenski, Danielle Robbertze, Dylan Jefferys, Heloise Olivier, Michael Bullock, Mpumelelo Ndlela, Shirley Mzimela, Suzanne de Bruyn and Whitney Govender. Trade Marks: Cheslin Petersen, Kim Erasmus, Leandri Marx, Raznae Narayanasami, Rebone Dikotla, S'lindile Khumalo, Tsholofelo Maphologela and Samantha Shongwe.

Read More

Student Edition Introduction - May 2018 Top Students

Chief Justice Mogoeng Mogoeng has used every possible occasion to emphasise the role of the legal profession in upholding the law, and the sometimes less considered spirit of the law. In a bleak period of the history of our young democracy, this consideration of "legal" and "honourable" was a beacon of hope to many.

Read More

Advice from the Class of 2008 to the class of 2017 Top Students

Wits

Lameeze Jean-Pierre:
"Don't get bogged down in trying to figure out exactly what lawyer you want to be when you leave university. You may not even know for a while post articles. Engross yourselfin whatever area you are placed. The legal industry, just like every industry, is driven by demand for a particular service. It is constantly evolving to keep up with society so one is compelled to reinvent oneself every couple of years anyway. I did a BCom Law hoping to specialise in an area of law which focused on Corporate Finance and Investment. 10 years later, I am an Employment and Pensions lawyer branching back into the Financial Sector."

Read More

You want to be a lawyer...Why? Top Students

Here you are... you recently matriculated and have decided to begin the noble pursuit of a career in law. A question that you should extensively consider, probably before you decided on this course of action is, why? Why did you decide to study law? The answer is vitally important to your success as a lawyer.

Read More

How to make a successful application to law firms Top Students

Making a successful application to a law firm once you have completed your studies is an essential first step in your legal career. Considering many law firms recruit years in advance, it is worth knowing the different deadlines for applying so that you can ensure you get in early.

Read More

So you want to join the Bar... Top Students

Doing pupillage takes guts. It takes character, maturity, grit, ambition - qualities that attorneys' firms say they are looking for but in actuality count for far less in the attorneys' profession.

Read More

On being a competition lawyer Top Students

I started out knowing what I didn't want from my career and was guided about what my strengths were. I knew that anything remotely mathematical or medical would not play to those strengths (and was not in the public interest). I envisaged writing novels in corner cafes or being in the music industry (which was also probably not in the public interest). But what it all boiled down to was that I was passionate about words, creative in some ways and technical in others, and interested in people. All those attributes fitted quite nicely within the field of law. And so that's how I stumbled upon law – not pursuant to some childhood dream (romantic as that would have been) but rather by a process of elimination and by identifying my strengths and finding a gig that supported them. It isn't a story that you would play inspirational background music to when telling, but it worked out excellently because I feel grateful to be doing something I love to do!

Read More