When clients fail to cooperate

By Thomas Harban It is often said that legal practitioners are creatures of client instructions. At the core of the vast ecosystem that makes up legal practice is the relationship between a legal practitioner and their respective clients. The relationship between the legal practitioner and their clients is mutually beneficial. The differences between other principals…

Employment law update – Unfair dismissal referred to CCMA when pending automatically unfair dismissal claim in the Labour Court

By Monique Jefferson In the case of Feni v Commission for Conciliation, Mediation and Arbitration and Others [2020] 10 BLLR 1001 (LAC), the Labour Appeal Court (LAC) considered whether the Commission for Conciliation, Mediation and Arbitration (CCMA) had jurisdiction to determine a dispute concerning dismissal for unknown reasons in circumstances where the employee had already filed an…

Completing the puzzle – Is there a solution to the delay in criminal trials?

By Edwin cameron, JJ du Toit and Alexia Katsiginis In the first part of the article, we considered the delays that dog the South African criminal justice system – some systemic, some lawyer- and accused-instigated. Are there possible fixes? How to build accountability The constitutional dispensation introduced important protections for accused and awaiting trial detainees.…

Separation of church and state: Making sense of freedom of religion under lockdown regulations

A central tenet and essential element of the Christian, Jewish and Muslim religion is the ability for believers to assemble, have fellowship and meet. In the Bible (NIV), Hebrews 10:25 specifically commands Christians to ‘not [give] up meeting together’ and references to the importance of the church, fellowship and meeting together are expressed in numerous…