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Property: Do You Have Automatic Rights to Views and Privacy?
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Do you as a property owner have an automatic right to retain amenities like privacy, access to light, views and the like? What can you do to protect them?
A recent High Court decision to set aside a municipality’s approval of building plans illustrates.
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NOTE FOR ATTORNEYS: Judgment in Da Cruz and Another v City of Cape Town and Another (6561/2015) [2017] ZAWCHC 1 is on SAFLII. |
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Bad Bureaucrats - Threaten Them with Personal Liability
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The Constitutional Court judgment in the social grants crisis case has given us all a powerful way to deal with the “bad egg” minority of state bureaucrats who think that they can trample all over our constitutional rights with impunity.
And a High Court case about a “bull in a china shop” state doctor is an example of the sort of unacceptable conduct that will expose a state official to sanction.
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NOTE FOR ATTORNEYS: The Constitutional Court judgment in Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) (CCT48/17) [2017] ZACC 8 is on SAFLII.
The High Court judgment in De Vries and Associates v MEC: Free State Department of Health (3484/2016, 3516/2016) [2017] ZAFSHC 23 is also on SAFLII.
For two other relevant judgments see the SCA matter Mogale City Municipality v Fidelity Security Services (Pty) Ltd and Others (572/2013) [2014] ZASCA 172 on SAFLII (personal costs liability threatened - see particularly at [21]), and L v MEC for Health, Gauteng (17077/2012) [2014] ZAGPJHC 337 (personal costs liability ordered) also on SAFLII. Both were discussed in the February 2015 issue of LawDotNews.
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Religious Discrimination in the Workplace
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Both employers and employees need to know how our law prohibits all forms of unfair discrimination.
The case of a Seventh-Day Adventist who refused to work on a Saturday and was awarded compensation for unfair dismissal illustrates the way our courts approach cases of religious discrimination.
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NOTE FOR ATTORNEYS: The judgment of the Labour Court refusing leave to appeal in the matter of Faris v TFD Network Africa (Pty) Ltd (C151/13) [2016] ZALCCT 51 is on SAFLII.
See also section 187 of the Labour Relations Act (No. 66 of 1995) on the Department of Labour website. |
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Property Buyers/Sellers and Budget 2017
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For your convenience we bring you the new transfer duty and withholding tax rates, with comparisons to the 2016/17 rates.
There’s a sliver of good news in Budget 2017 for first-time and buy-to-let buyers, and also some advice for non-resident sellers on how to approach the withholding tax requirement.
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NOTE FOR ATTORNEYS: For the Budget Speech, Speech Highlights, Tax Guide and Tax Commentary see SAICA’s webpage “Budget 2017”.
See also “Non-Resident Sellers of Immovable Property” on the SARS website. |
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Your April Website: Robot Rights and the Law
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It may sound like science fiction, but soon we are all going to have to follow the European Parliament’s lead in thinking about how our society, our law and our insurance industry must adapt to the rise in Artificial Intelligence.
How long will it be before we recognise legal rights and duties for “electronic persons”?
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NOTE FOR ATTORNEYS: No notes for this article. |
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Disclaimer
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The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.
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