August 2019


Editor's Note - August 2019 Editor's Note August 2019

August is Women's Month. In recognition of the strides being made we put the spotlight on women in five articles. One article is satire – please read it to its conclusion before putting pen to paper; Bouwer van Niekerk does not want to be shot at dawn.

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Think before you act as surety Contract Law August 2019

In the recent case of Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81, the Supreme Court of Appeal (SCA) considered whether a suretyship agreement, which was attached as an annexure to an agreement, also provided security to the creditor for debts incurred by the debtor under a separate agreement which had been concluded between the same parties at an earlier stage.

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Constitutional Court provides guidance on pro-competitive pricing regulation Competition Law August 2019

A recent decision of the Constitutional Court on price regulation in the piped gas industry highlights that when regulators set prices, they must do so in a manner which is rational and which takes into account the purpose of the price regulation.

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The 3 Ps of business rescue – predict, prepare and preserve Company Law August 2019

Part 1

Business rescue has become commonplace in South Africa and, if used timeously and correctly, can be a robust and creative procedure for rescuing financially distressed companies.

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Information donation POPIA / Medical Law August 2019

There remains much interest in the future of the provisions of the Protection of Personal Information Act (4 of 2013) (POPIA) in respect of when the substantive provisions will be brought into effect. The interest is understandable, considering the increasing value placed on information in general throughout our society, and how information is processed including its generation and exchange.

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Children, who can consent to their medical treatment Medical Law August 2019

There is often a perception that because a patient is a child, their parents can make all decisions regarding their health care. This is not always the case and medical practitioners, in particular, need to be certain that they obtain a valid consent for medical treatment or surgical operations performed on children. They should be aware of circumstances in which a parent or guardian may consent on behalf of a child and when the child may consent.

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The birth of twins sparked a global bioethics debate Medical Law August 2019

Human heritable gene editing, such as Jiankui He's reported editing of the CCR5 gene by using the CRISPR-Cas9 system in China, holds the promise of significant therapeutic application, but also harbours secrets of yet unknown genetic risks and consequences for future generations.

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Supporting women on the career ladder Spotlight on Women's Month August 2019

The strain of trying to balance the demands of family life while trying to excel in an hoursbased fee-earning profession has driven many talented women lawyers to take the difficult decision to exit the workplace at the peak of their careers.

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In celebration of Women’s Month – together Spotlight on Women's Month August 2019

August is Women's Month. As part of a worldwide community of women lawyers, we often share stories to support each other in our careers. I experience enormous pride in the achievement of women across the legal landscape, whether they practice in traditional law firms or in New Law law companies. We are transforming the practice of law, together.

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Aluta Continua Spotlight on Women's Month August 2019

On a clear and sunny Friday afternoon in July 2009, Ms Mokgadi Caster Semenya ascended to athletics greatness. On day two of the African Junior Athletics Championships, at the Stade Germain Comarmond in Bambous, Mauritius, she won the women's 800m race in a time of 1:56:72. Her time was a new personal best, a championship record, a South African national record and the fastest time in the world that year. It was on this day that Caster Semenya became a South African household name and an inspiration for a country in need of inspiration.

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Collaboration vs Competition from a woman’s perspective Spotlight on Women's Month August 2019

A core theme that is becoming a hot topic globally in the legal sector is that of collaboration. Collaboration is good for women and we celebrate those who demonstrate this.

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Indiscriminate hunting in the Karoo Spotlight on Women's Month August 2019

As the dawn rises over Morning Glory Cottages, I feel the copper taste of blood increasing at the back of my throat as a slight breeze nibbles at my unshaven face. The innocent rays of sunshine at daybreak is juxtaposed by the cold steel of the barrel of my experienced Savage 30/06. As I stare into the naked veld, searching for my next unbeknown kill, I remind myself that this is why I love hunting. Indiscriminately.

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‘A Few South Africans’ Constitutional Court Art Collection / Cover August 2019

The 1980's series "A Few South Africans", of which this work, Mamphela Ramphele, forms part, was made under apartheid to celebrate the history of women who had played roles in the struggle for freedom. Postcards printed from the series were widely distributed at the time.

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Problematic aspects of copyright protection for television show formats* Intellectual Property August 2019

Part 1

After Steve Allen, there could have been no Johnny Carson, Jay Leno or David Letterman; "Wagon Train" would have precluded "Rawhide", "Gunsmoke" or "Bonanza" from ever airing; "The Donna Reed Show" would have meant no "All in the Family", "The Cosbys" or "Everyone Loves Raymond"; and because of "Dragnet", "Hill Street Blues", "NYPD Blue" and "Law and Order" might never have seen the light of day. Rather, the creators of the first of each of these genres would have had a monopoly on these formats.

Smart et al "Reality check: When will two TV shows in the same genre be considered substantially similar under copyright law?" 2003 (21) Entertainment and Sports Lawyer 1 19.

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Awakening the lion in the jungle Intellectual Property - Law August 2019

Part 1

"Your mandate is to find a way, and to do everything possible, to enable the children of Solomon Linda, the composer of a song called MBUBE, which later evolved into the international hit song THE LION SLEEPS TONIGHT, to derive some financial benefit from the considerable revenues generated by the popularity of THE LION SLEEPS TONIGHT. You should recommend any reasonable course of action which you can conceive and we are willing to finance it even if it means conducting litigation abroad." This instruction came from representatives of Gallo (Africa) Limited, the South African record company. With that they delivered a pile of documents standing the best part of a metre high and left me to peruse them. This appeared to be an interesting and stimulating challenge and perhaps the opportunity of a lifetime. It was the year 2000."

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