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Lexis Nexis
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A discussion of recent reported judgments originally published in December 2021 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, and the Butterworths Constitutional Law Reports. -
Case selection in the field of law reporting is an extremely important part of publishing. The selection of cases that are current, important, topical and precedent setting is the basis for publishing a commercially sustainable and useful law report series. -
In National Union of Mineworkers obo Masha and Others v Samancor Limited (Eastern Chromes Mines) and Others 2021 (10) BCLR 1191 (CC), LAC erred in departing from the general rule that losing parties in labour matters should not be ordered to pay the successful parties’ costs, unless there were reasons. -
A discussion of recent reported judgments originally published in October 2021 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, and the Butterworths Constitutional Law Reports. -
Any discussion about presumptions in law would be incomplete without mentioning the presumption of innocence. It is a provision which enshrines rights inherent in the common law, and lies, as O’Regan J remarked in S v Coetzee and Others 1997 (4) BCLR 437 (CC), at the very “heart” of “our law relating to crime and punishment”. -
A discussion of recent reported judgments originally published in August 2021 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports. -
In Sithole and Another v Sithole and Another 2021 (6) BCLR 597 (CC), the Constitutional Court confirmed an order declaring s 21(2)(a) of the Matrimonial Property Act unconstitutional and invalid. Henceforth, all marriages which in terms of the Black Administration Act were automatically out of community of property are now marriages in community of property. -
In University of Johannesburg v Auckland Park Theological Seminary and Another 2021 (3) BCLR 807 (CC), contextual evidence is not precluded by the parol evidence rule in a delectus personae inquiry as it does not seek to add to, vary, modify or contradict the terms of an agreement but gives context and background when interpreting the rights under the agreement.