May 2017

Top Students 2016 - University of Venda Student Feature May 2017

Rafaro Emily Chikuruwo

Emily says, "'A woman of influence' that is what I am. As an LLB graduate, it is my goal; to someday contribute profoundly to the legal profession and to further my career as an expert in conveyancing and tax. In pursuit of such dream, I am currently at the school for legal practice in Polokwane due to complete in June.

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Top Students 2016 - University of the Witwatersrand Student Feature May 2017

Kyle Bowles

What prompted Kyle to study law? "Going to university I was undecided about what to study. While I chose to study law, my true passion for the law only developed later after doing the Law of Contract in third year. I took the BComm LLB approach to obtaining my qualification. I initially did a BComm majoring in Financial Accounting and Law.

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Top Students 2016 - Universityof Zululand Student Feature May 2017

Sikhulile Sithandiwe

Sikhulile says, "Growing up, I always wanted to study something in the health sciences but my Dad was convinced law would suit my personality better and by the time I matriculated he had sold me the idea. I've grown to love law, I am convinced I couldn't have studied anything better.

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National News - May 2017 - Part 2 National News May 2017


Appointment: Nicolas Bonnefoy has been appointed partner in the Oil & Gas Sector Group. London-based Bonnefoy is an oil & gas and mining project lawyer with an exclusive focus on Africa. He has been involved in structuring, negotiating and implementing acquisitions and disposals of mining and oil & gas assets throughout Africa, as well as in the negotiation of exploration and production contracts and related contractual arrangements. Promotions: Partner: Kenya: Muthoni Runji – Banking & Finance. South Africa: Ebrahiem Abrahams and Luway Mongie – Employment. Phetole Modika – General Finance. David de Villiers – Governance, Compliance and Investigations. Tim McDougall – Mergers & Acquisitions. Samir Ellary – Tax. Uganda: Brian Kalule and Daniel Gantungo – Corporate and Commercial.

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Woman of the Month: Lee-Ann Ely Women in law May 2017

Lee-Ann is a Partner at Mostert & Bosman, a six partner firm in Bellville, Cape Town. She studied law at UWC, was admitted in 2001 and became a conveyancer in 2006. In 2007 she became the first female partner at Mostert & Bosman, a firm which began in 1893. Her time is currently divided between being law firm partner, wife, mother of two children, and marathon runner.

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Green energy & green currency snippets Environmental - Mining Law May 2017

The Western Cape High Court in Mineral Sands Resources (Pty) Ltd v Magistrate for the District of Vredendal and others (18701/16) [2017] ZAWCHC 25 (20 March 2017) recently handed down judgement addressing an Australian mining company's allegedly illegal activities at its West Coast Tormin Mine.

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SA’s "first climate change court case" Environmental Law May 2017

On 8 March, judgement was handed down in the Pretoria High Court following a review application brought by Earthlife Africa Johannesburg which challenged the environmental authorisation granted by the Department of Environmental Affairs (DEA) to the proposed 1200MW Thabametsi coal-fired power station to be built near Lephalale in the Limpopo Province (Thabametsi).

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ICC witness protection obligations International May 2017

Part 1

Where there is a duty to cooperate under the Rome Statute of the International Criminal Court but a state has adopted a position of contempt, there must be some enforcement mechanism to ensure cooperation in respect of witness protection.

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Tales from the US of A... - May 2017 International May 2017

Forty eight days wrongful pre-trial detention is Fourth Amendment violation

The Supreme Court held that wrongful pre-trial detention violates the Fourth Amendment whether it occurs before or after a judicial process. A man was stopped for failing to signal a turn, dragged from his car, called a racial slur and kicked and punched as he lay on the ground. A bottle of pills was found which, when tested, revealed no controlled substance except for a laboratory technician's dishonest report that one of the pills was "found to be positive for the probable presence of Ecstasy". The arresting officer said from his training and experience he "knew the pills to be Ecstasy". Other laboratory reports revealed no controlled substances. Despite this, the man was kept another month after the exonerating report and spent 48-days in pretrial detention. After losing in two courts, the Supreme Court came to his assistance, allowing him to challenge his pre-trial detention as a violation of the Fourth Amendment (the right of people to be secure in their persons against unreasonable searches and seizures). - Stephanie Francis Ward March 21

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The World in April - May 2017 International May 2017

An Atlanta couple have won the battle to name their two-year old daughter ZalyKha Graceful Lorraina Allah. Elizabeth Handy and Bilal Walk had decided that they wanted all their children to have the same last name – Allah – even though neither of them have that surname. The couple's first two children were duly registered with the surname Allah, but a year after the birth of their third child, they ran into problems when Georgia officials refused to grant a birth certificate to ZalyKha under the Allah surname citing that it did not match either of her parents nor was it a combination of the two. The American Civil Liberties Union brought a lawsuit against the State of Georgia. Each state has its own laws on what names are acceptable.

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"I do"? Platteland Perspective May 2017

Most people remember their wedding day for the rest of their lives – who they married, where and when it happened. Maybe even some of the guests. But not the woman in an unusual case recently heard by the high court in Port Elizabeth. She got it completely wrong.

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NEC4: A step up? Construction Law May 2017

It has always been the aim of the NEC suite of con- tracts to encourage a pro-active approach to the management of complex construction and engineering projects. This is indeed a standout feature of the NEC contracts which can lead to the achievement of successful projects when properly implemented and adhered to. There are various NEC contracts that may be used depending on the scope of works and the pricing structure adopted by the contracting parties.

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Home sweet home! Land Act May 2017

In the past, our judiciaries have been plagued with a mass of eviction applications. A significant number have been for the eviction of farm workers. More often than not, the antecedent to these evictions is an employment relationship terminated through dismissal or retrenchment. These farm workers are then left not only jobless but homeless too.

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The cost of a defamatory Facebook post Social Media May 2017

Courts are facing a rising tide of defamation cases stemming from a new source – social media. Recording nearly 1.86 billion active monthly users, Facebook provides a platform to express and share views to an audience. Many other Social Networking Services (SNSs) provide similar platforms.

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