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The armed conflict between Russia and Ukraine has made headlines the world over, and has brought to the fore reflections and deliberations on how international humanitarian law governs armed conflict. The essence of humanitarian law is largely premised on the protection of civilian lives and civilian objects, by placing obligations and restrictions in the way armed combat is executed.
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On the 4th of April 2022 the President of South Africa, Cyril Ramaphosa announced the termination of the National State of Disaster which had been declared way back in 2020 in response to the Covid-19 pandemic. The president noted that the regulations that had been put in place thereof had assisted the country to manage the pandemic.
Engaging in a strike by workers usually comes at a cost to the employer one way or the other. It can mean the destruction of property, loss of business revenue and/or damage to the reputation of the business. At the end of the day, employers and employees are urged to find amicable ways of resolving issues that may be in dispute.
Mandatory vaccination is one of the topical issues that has been talked about the most in the past several months. Conversations mainly centre around the constitutionality of having a mandatory national vaccination policy against the backdrop of constitutional rights. The policy of the government with regard to Covid-19 vaccination is that it is voluntary, although people are encouraged to do so. In fact a few days ago, the Deputy President DD Mabuza assured the nation that the policy of the government towards vaccination is that, it will remain as it is (voluntary).
It is trite in legal practice that the Courts pronounce judgments based on the issues and arguments raised before them by the parties. The Court may seek clarity on certain points from the witnesses, legal representatives or the parties themselves, but what the Court will not do is to solicit a specific pleading (point not at issue) from either of the parties alternatively to seek the raising of an issue that has not been raised by either of the parties during the pleadings stage or the trial itself, as doing so would be tantamount to the Court getting involved or taking sides in the matter before it.
Paying less at the till than the displayed price on the shelf is not only pocket friendly, but comes with good feelings too. Some of us have encountered situations where, upon the till operator scanning a product, informs you that the product has actually been marked down and therefore you owe less than what you thought. However, what we may all agree on is that finding out at the till that the product costs more than the displayed price is unacceptable. The question then becomes, which price should you pay?
South Africa recently commemorated Human Rights Day on 21 March 2022. The regard for human rights is an important cornerstone of a healthy democracy. It puts paid therefore, that the Bill of Rights occupies a prominent place in our Constitution. As part of the commemoration, we shall briefly discuss the rights of accused persons in criminal litigation.
Was it not the German Chancellor Theobald von Bethmann-Hollweg who, upon being told that Great Britain had declared war against German for its violation of Belgium’s neutrality in 1914, referred to the Treaty of London of 1839 as a “scrap of paper?” Had assurances not been given by the leading powers in Europe in the 1800s to guarantee the neutrality of Belgium in case of conflict in Europe?
The existence of an employment relationship is usually evidenced by an employment contract, which sets out the terms and conditions of such employment relationship. This is encouraged as it makes things easier for the parties to refer thereto, should a need arise in future. However, there are instances where parties are supposedly in an employee-employer relationship, albeit without a contract of employment signed between them. In subsequent disputes, how do adjudication forums deal with such situations?
Upon the registration of a private company, it assumes its own distinct legal personality, separate from its shareholders who in most cases are its Directors. What this means in simple terms is that the company can now enter into contracts, sue and be sued in its own capacity. The clearest expression of this principle was held in the landmark case of Salomon v Salomon [1897] A.C. 22. However, the Courts have presided over cases whereby the separate legal personality of a company has been abused to commit fraud, dishonesty and improper conduct.
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