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Crafting School Policies that Work: How Schools can Ensure that their Policies stay within the Ambit of the Law

On 10 July 2013, the Constitutional Court ruled in Head of the Free State Education Department v Welkom High School, Harmony High School and Others. This case has a significant bearing on how policies of school governing bodies are developed and implemented. With government, civil society and school associations welcoming the Court’s decision for different

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Buying a Business vs Buying Shares: a Comparison

In the commercial world, the terms ‘company’ and ‘business’ are often used interchangeably. Statements such as “my business employs 20 people” or “my company manufactures handbags” are commonplace, but what exactly do they mean? In law, a company and a business are distinct concepts, and the purchase of a company has different legal consequences to

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New Companies Act MOI Deadline: What’s the Fuss?

New Memorandum of incorporation in place of Articles of Association The new Companies Act, No. 71 of 2008 (‘Companies Act’), which came into effect on 1 April 2011, has fundamentally changed the form and content of the constitutional documents of a South African company. The constitutional documents of a company under the previous Companies Act

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Fracking: The Challenge facing our Lawmakers

The pros and cons of hydraulic fracturing, the process of injecting a mixture of water, chemicals and sand under high pressure into the geological formations to so as to extract gas, commonly referred to as “fracking”, have been hotly debated by the oil and gas industry, regulators, legislatures, academics and a plethora of environmental organisations

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Plain Language: The Need for ‘Tight’ Writing

The concept of ‘plain language’ has come to prominence with the arrival of the National Credit Act, the Consumer Protection Act and the new Companies Act. These Acts require that written communications be in plain language so that creditors, investors, employees and consumers are able to easily understand what is put in front of them,

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Consumer Protection Act: Small Business Guide

Despite the Consumer Protection Act (‘CPA’) having been in force for almost a year, many small and medium sized businesses remain unclear about the obligations imposed and rights conferred by it. This discussion attempts to highlight some of the issues most pertinent to these businesses in their roles as both suppliers and consumers.  When will

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Effective and Fair Disciplinary Enquiries: Practical Guidelines

Effective and fair disciplinary enquiries have many significant and positive effects in the workplace.  In addition to avoiding the obvious consequences of an unfair dismissal referral, and all the cost and time involved in the litigation of such a dispute, effective and fair disciplinary enquiries assist with the establishment of trust in management.  Employees feel

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