Saturday, February 1, 2020
Assessments on social impact, a project's "need and desirability", as well as the subsequent evaluation of these assessments by a competent regulatory authority within the bounds of administrative law, remain the fulcrum of any mining rights application.
On 30 October 2018, the Constitutional Court handed down a unanimous judgment in the case of Matshabelle Mary Rahube v Hendsrine Rahube a.o. declaring s2(1) of the Upgrading of Land Tenure Rights Act (112 of 1991) (ULTRA) unconstitutional. Predictably, this opened up a can of worms.
Friday, January 31, 2020
If you are in the market to purchase a more established and character filled Home with the view to upgrading or improving it, then please consider the provisions of the National Heritage Resources Act 25 of 1999.
Monday, January 27, 2020
The Minister of Environment, Forestry and Fisheries, has in terms of the National Environmental Act declared her intention to amend the Section 24H Registration Authority Regulations, 2016, published under sections 24(5)(e), 24H and 44 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), as set out in the Schedule hereto.
Monday, December 2, 2019
What is it? Why is it called a secret tender? What turns on it? In terms of Rule 34 of the Uniform Rules of Court, a secret tender is a secret offer of settlement made during the course of an action, by one party to another, about which the court is not told until after judgment has been delivered.
Friday, November 1, 2019
The notion of "no days" (dies non) is defined as those days on which courts do not sit or carry on business. In other words, during this period no applications, responses or notices may be filed, unless specifically permitted by the Registrar.
Tuesday, October 1, 2019
In the early hours of Saturday morning, 8 June, an accident occurred when the driver of a bakkie collided with a stationary motorcycle driver at a red-light intersection. Then, during the early hours of Sunday morning, 9 June, an almost identical accident occurred between two different parties at a different intersection. Both accidents were in Bloemfontein. What makes this extraordinary is that this second collision also involved the driver of a bakkie colliding with a motorcyclist at a red light intersection.
Monday, September 2, 2019
When the Consumer Protection Act, 2008 (the CPA) came into effect during 2011, it changed the franchise landscape significantly. Prior to its promulgation, franchise agreements (and the inevitable disputes that followed) were governed solely within the framework of the franchise agreement.
Friday, August 30, 2019
The Minister of Environmental Affairs, Forestry and Fisheries has in terms of the Atmospheric Pollution Prevention Act, 1965 ("the Act"), published consultation notices regarding her intention to repeal the certain Regulations
Legal updates and commentary from our Environmental and Mining Law team for July - August 2019.