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NEWS & MEDIA

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Courtroom Access, Competence and the Constitution

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Nicole Padayachee
Candidate Attorney

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When Section 11 Consent Becomes an Administrative Justice Issue

In mining transactions, section 11 consent under the Mineral and Petroleum Resources Development Act is often treated as a regulatory step that must be worked through before a transaction can be completed.

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Can an Oral Agreement to Sell Residential Property be Enforced?

A sale of land must be in writing and signed by the parties or by their authorised agents.

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A Constitutional Court Recalibration of South Africa’s GAAR

The Constitutional Court’s judgment in Absa Bank Ltd and Another v Commissioner for the South African Revenue Service is one of the most significant South African tax decisions in recent years, particularly in relation to the interpretation and operation of the General Anti-Avoidance Rules (“GAAR”) in Part IIA of the Income Tax Act 58 of 1962 (“the Act”).

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Striking a Delicate Balance: Mining Rights versus Communal Land Rights

In South Africa, property rights occupy a particularly important place in our constitutional order.

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The Hidden Risks of Cessions in Security

Cessions in security (otherwise known as cessions in securitatem debiti) have long been used by lenders to secure the performance of borrowers, offering what appears to be a straightforward collateral mechanism.

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When Medicine & Culture Clash: Enforcing the Best Interests of the Child

High Court reaffirms its role as Upper Guardian of Minor Children

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