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Allegations of judicial bias – the quashing of a dubious litigation strategy
Tuesday, July 31, 2012
The independence and impartiality of our judiciary is crucial to the administration of justice in South Africa. And it is fundamental to our constitutional order, not only that are our courts are independent and impartial, but that they are also seen to be so. It is for this reason that litigants with a reasonable apprehension that the judicial officer hearing their case is biased against them may lodge a complaint and request that the judge recuse him or herself.
"Of running Beagles, Midnight Storms and Southern Palaces": how are the Courts shaping the legislature's new business rescue play thing?
Tuesday, July 31, 2012
It is an unlikely collection of names, but then so have been the players in the decided cases which are starting to shape the direction which Business Rescue (BR), as interpreted by the Courts, is taking.
Right of arbitration after commencement of action placed under High Court microscope
Thursday, March 22, 2012
Does a plaintiff have the right to invoke an arbitration clause after commencement of an action? Aveng (Africa) Ltd (formerly Grinaker-LTA Ltd) t/a Grinaker-LTA Building East v Midros Investments (Pty) Ltd 2011 (3) SA 631 (KZD) refers. Aveng brought an application against Midros in the KwaZulu Natal High Court to stay the action Aveng had instituted a few years earlier in order to pursue its claim by way of arbitration. The parties had concluded a contract in terms of which Aveng, the applicant (and the plaintiff in the main action), had built a shopping mall and car park in Phoenix (Durban) for Midros.
Drager Case: State given guidelines on how to apply Drager breathalyzer test in a sober-minded manner
Tuesday, January 03, 2012
South Africa is one of the highest alcohol consuming countries in the world, as a result it has an alarming number of fatalities, serious injury to individuals and property which are caused by individuals driving whilst under the influence of alcohol on our public roads. A recent judgment of the Western Cape High Court by Judge Nathan Erasmus in the landmark test case relating to reliability of the Drager Alcoltest 7110 MK 111 has provided South Africa's law enforcement authorities with insight into the shortcomings of its operation of the Drager breathalyzer test. Whilst blood sampling is one of the most accurate forms to measure blood alcohol concentration, the correct use of breath alcohol testing is more economically advantageous and is able to provide reliable and instant results which aids in the effective prosecution of 'drunk driving cases'.
The International Investigations Review
Tuesday, October 18, 2011
South Africa is a signatory to the most significant global conventions against corruption and cross-border crime and has enacted a comprehensive domestic legislative framework specifically to give effect to those conventions and generally to facilitate the investigation
and prosecution of unlawful conduct.
The impact on competition of standards set by industry associations: “malign” or “benign”?
Tuesday, November 23, 2010
Many industries are regulated by industry bodies or trade associations which, at times, are charged by their members with developing standards applicable to industry participants.
Those who seek the benefits associated with membership of an industry body must usually meet the standards set by the particular body, which, when appropriately formulated could improve levels of safety, product quality and expertise. To preserve the integrity of the body, firms which fail to meet the standards will often be excluded from membership.
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