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Undocumented children and their right to basic education: ‘Once you learn to read you will forever be free’ - Frederick Douglass
25 September 2019 Pro Bono & Human Rights

Undocumented children and their right to basic education: ‘Once you learn to read you will forever be free’ - Frederick Douglass

“Unlike some of the other socio-economic rights, this right is immediately realisable. There is no internal limitation requiring that the right be “progressively realised” within “available resources” subject to “reasonable legislative measures”. The right to a basic education in s29(1)(a) may be limited only in terms of a law of general application which is “reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”. This right is therefore distinct from the right to “further education” provided for in s 29(1)(b). The State is, in terms of that right, obliged, through reasonable measures, to make further education “progressively available and accessible.” - Governing Body of the Juma Musjied Essay NO 2011 (8) BCLR 761 (CC).

Why contracting parties need to understand when contract terms are implied
25 September 2019 Corporate & Commercial

Why contracting parties need to understand when contract terms are implied

The recent case of Starways Trading 21 CC and Others v Pearl Island Trading 714 (Pty) Ltd and Another (232/2018) [2018] ZASCA 177 has once again highlighted the importance of being aware that in addition to the express terms of a contract as agreed (whether orally or in writing) between the parties, other terms may be incorporated into the contract by implication, even to the extent of varying the express terms.

Is
23 September 2019 Dispute Resolution

Is "Big Brother" still watching?

Envisage a scenario where you witness two respected politicians colluding in the orchestration of a corrupt deal. You contact a journalist to tell your story to expose the corruption, but in return you expect to be protected as a source, for fear of retribution. Little do you know that officers have obtained an interception order under RICA to intercept the journalist’s communications with various sources, and your call has been intercepted and recorded. Not only would you never know that your communication had been intercepted, depriving you of your right to approach a court for wrongful interception, but the intercepted information could be stored at a statutory interception centre in perpetuity, where it can potentially be copied or seen by unauthorised eyes. As of September 2019, such alarming intrusion of your privacy should no longer be a reality, as the High Court has declared certain provisions of RICA unconstitutional.

Update: Ladies and gentlemen, it’s time to place your (secret) ballots
23 September 2019 Employment

Update: Ladies and gentlemen, it’s time to place your (secret) ballots

The requirement to hold a secret ballot before embarking on strike action has been a hot topic of late. Here’s a recap: S19 of the Labour Relations Amendment Act, No 8 of 2018 (Amendment Act) requires trade unions (and employers’ organisations) to amend their constitutions to provide for secret strike ballots prior to embarking on strike action, in the event that their constitutions do not already provide for this.

Is an employer restricted to the categorisation of the charges during the disciplinary proceedings?
23 September 2019 Employment

Is an employer restricted to the categorisation of the charges during the disciplinary proceedings?

Procedural fairness in disciplinary proceedings requires an employee to be made aware and understand the charges against him. This is not only to assist the employee in deciding how to plead but also to ensure that the employee understands the case he has to answer. Is an employer restricted to the manner in which the charges are categorised or can it find the employee guilty of competent verdicts? This question was dealt with by the Labour Appeal Court in EOH Abantu (Pty) Ltd v CCMA & Others (JA4/18) [2019] ZALAC 57.

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Carbon tax – new legislation already changing but what about the regulations?
13 September 2019 Tax & Exchange Control

Carbon tax – new legislation already changing but what about the regulations?

The Carbon Tax Act, No 15 of 2019 (Act) came into effect on 1 June 2019. Simply put, carbon tax is imposed on the carbon dioxide (CO2) equivalent of greenhouse gas emissions where certain thresholds are exceeded and is intended to encourage the reduction of greenhouse gas (GHG) emissions in South Africa and to ensure that South Africa meets its commitments under the Paris Agreement.

Can the real bidder please stand up: Fronting under the Broad Based Black Economic Empowerment Act
11 September 2019 Dispute Resolution

Can the real bidder please stand up: Fronting under the Broad Based Black Economic Empowerment Act

South Africa’s first democratic government set out to redress the gross inequalities of the past. Parliament, in 2003, enacted the Broad Based Black Economic Empowerment Act, No 53 of 2003 (Act). The fundamental objective of the Act is to advance economic transformation and enhance the economic participation of black people in the South African economy.

Constitutional damages and grief – the SCA will soon say
11 September 2019 Dispute Resolution

Constitutional damages and grief – the SCA will soon say

The issue of constitutional damages was first raised in Fose v Minister of Safety and Security 1997 (3) SA 786 (CC), when the Constitutional Court held that there was, in principle, no reason why an award of damages could not be made to protect constitutional rights, where damages would constitute “appropriate relief” considering the circumstances and the particular right infringed.

Renewable energy – a source of economic growth for South Africa
11 September 2019 Corporate & Commercial

Renewable energy – a source of economic growth for South Africa

On 27 August 2019, Finance Minister Tito Mboweni released an economic Strategy Report (Strategy Report) prepared by National Treasury (Treasury) which detailed the structural reforms that could assist in reversing the downward trend in South Africa’s growth potential and competitiveness.

Further steps towards enhanced regulation – trade reporting of OTC derivatives
9 September 2019 Finance & Banking

Further steps towards enhanced regulation – trade reporting of OTC derivatives

As a G20 member country, South Africa has begun implementing robust new financial markets regulations aimed at promoting the safe and transparent trade of over-the-counter derivatives transactions (OTC derivatives or OTCs). For the first time in South Africa, sellers of OTC derivatives (also known as OTC derivatives providers (ODPs)) will have to be licensed with the South African Financial Sector Conduct Authority (FSCA).

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Video: Nationals Schools Moot Competition Seminar hosted by the Pro Bono and Human Rights Practice
29 January 2016 Pro Bono & Human Rights

Video: Nationals Schools Moot Competition Seminar hosted by the Pro Bono and Human Rights Practice

The National Schools' Moot Court Competition (the Competition) is a nation-wide high school level moot court competition aimed at building awareness amongst learners about the Constitution, providing them with exposure to the legal profession and facilitating access to legal education. It is a joint initiative of the University of Pretoria, the Department of Basic Education, the Department of Justice and Correctional Services and the Foundation for Human Rights.

Think twice before you tweet
22 January 2016 Employment

Think twice before you tweet

South Africa has walked into a veritable social media storm in the early parts of the year, with employers increasingly being placed in the difficult position of having to decide whether or not to take action against employees for their behaviour online.

Uber: Convenience vs controversy
6 October 2015 Insurance Law

Uber: Convenience vs controversy

Members of public are increasingly making use of the convenient service offered by Uber. While this is undeniably an essential service, questions arise as to its legitimacy and whether this service is not already on offer by existing legitimate transportation services. The latter consideration sparked conflict between Uber service providers and the metered taxi industry and the issue was also recently debated in National Parliament.

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Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.
6 August 2014 Employment

Nicholas Preston comments on Shakes Mashaba and Isegund Gordan having a contract at the same time.

Newly appointed Bafana Bafana coach Shakes Mashaba arrives back in South Africa after a tour of Mali as the official coach of the senior national team. Isegund Gordan’s contract with SAFA runs until the end of the month, but a employment lawyer says this is perfectly legal that both men can be contracted for the same position at the same time. Director, Nicholas Preston gives comment.

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