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Legal practitioners are creatures of tradition and certainty. They prefer all rules to be codified and all legislation to be clear. They yearn for certainty and frown upon ambiguity within contracts, laws and especially legal proceedings. Thus there is a call for the codification of video conferencing, through video links, within the Uniform Rules of Court.[2]
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As Covid-19 sees organisations adapting and moving towards virtual or remote working, Phetheni Nkuna and Faatimah Essack of Lawtons Africaexplore the ways in which the legal system has embraced this “new normal”.
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Many experts have been quick to point out that the current status quo of working from home due to COVID-19 is very different from choosing to transition employees to a flexible, work from home contract. Employees and employers are in fact not merely working from home, but are at home during a crisis, trying to work.
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One of the key findings in this year’s LexisNexis SA and the Law Society of South Africa’s (LSSA’s) Legal Tech survey into the legal profession, shows a small increase in black legal professionals, while a lack of BEE credentials is a worry for smaller legal firms.
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COVID-19 has presented a significant reset in terms of how we work. While the pandemic initially forced many companies to hastily embrace remote working, it could in fact permanently shift working patterns as more organisations find that the virtual working model actually suits the needs of their business and its employees far better.
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Synthetic identity theft, or rather synthetic identity creation, has become a major breakthrough for fraudsters. The days of having to find a ‘mark’ with a good credit standing who ticks all the boxes for stealing their identity in order to defraud financial and other institutions, are fast disappearing. Syndicates have evolved in their methods of theft and fraud, safe in the knowledge that they can neither be identified, nor caught, and never be prosecuted.
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] The national lockdown due to COVID-19 has disrupted the way the legal sector operates. Considered non-essential services under the initial lockdown ruling, legal professionals have had to find ways to navigate their roles without leaving their homes. Embracing technology and virtual working has become a priority, moving the industry towards reliable legal technologies to meet research and practice needs.
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“Identity theft, criminal investigations of the dead or missing, mass disasters both by natural causes and by criminal intent – with this as our day to day reality, the establishment and verification of human identity has never been more important or more prominent in our society. Maintaining and protecting the integrity of our identity has reached levels of unprecedented importance and has led to international legislation to protect our human rights.” – (Forensic Human Identification: An Introduction, 1st Edition - Tim Thompson, Sue Black)
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The COVID-19 pandemic triggered what many call a new normal globally. What are the advantages and disadvantages that this change brought to South Africa?
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Companies and businesses need to be well equipped with the necessary knowledge, budget and resources to successfully implement remote working. Workers also need to ensure that they are mentally and resourcefully prepared to take on remote jobs. Communication and cooperation are the keys to ensure that both the needs of the employer and employee are met. In South Africa, government support will be needed to promote this idea so that resources and education are provided to businesses and current and future employees.