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Unlawful Arrests and your rights

06 December 2024,  Hesri Eloff

In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended... (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, while also safeguarding public safety and maintaining order. The CPA sets clear guidelines on when and how an arrest may be made, the powers granted to police officers, and the procedures that must be followed to ensure the arrest is lawful. Understanding the principles enshrined in this act is crucial for both legal professionals and the public, as it aims to balance the interests of justice with the protection of constitutional rights.

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Article
Understanding Restraints of Trade in South Africa: Legal Position and Practical Insights

06 December 2024,  Gerhard Smit

A restraint of trade agreement is generally contained in a contract of employment. The purpose of such a restraint of trade... clause is to protect businesses from unfair competition by former employees or partners and safeguard company secrets and its client base. A typical restraint of trade clause may require a senior manager or sales executive with access to sensitive business information, such as client lists or trade secrets, to agree not to work for a competitor within six months of leaving the company within a specified geographic area. Restraints of trade agreements are sometimes likened to an antenuptial contract in that it has no practical impact until the relationship terminates. The agreement must then be implemented post-breakup, which can lead to disputes.

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15
Article
What Can You Do When Your School Is Being Neglected by the Government?

06 December 2024,  Ethan Du Toit

The current statistics show that there are currently: 3 544 schools without electricity; 2402 schools without water supply; 11 450... schools still using pit latrine toilets; 22 938 schools without stocked libraries; 21 021 schools without laboratory facilities; 2 703 schools without fencing; and 19 037 schools without computer centres. This article examines the legal remedies available to address situations where a school is deprived of essential resources due to government neglect, hindering its ability to function effectively.

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63
Article
Mediation v Arbitration: What Is the Difference? PART 2

06 December 2024,  Victoria Matthews

As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an ... arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full settlement is not reached.

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11
Article
Capital gains distributions between trusts – who gets taxed?

03 December 2024

Can the conduit principle be used in structures where there are multiple trusts? This issue has recently been heard by... the Constitutional Court in the case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 which has guided how to tax capital gains in multi-tiered trust structures.

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11
Article
When and how can a trustee resign from a trust?

03 December 2024

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

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