GilesFiles Insights

On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.

Ne Bis in Idem principle: GDPR includes term for protection

The ne bis in idem principle (prohibiting double jeopardy) is applied in various international instruments such as the General Data Protection Regulation (GDPR). Literally translated it means ‘not twice about the same’. In  principle nobody should be judged twice for...

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Labour relations architecture: NMW means turning point

Eddie Cottle argues that the labour relations architecture has changed with the introduction of a national minimum wage and that amending the LRA is a turning point in South Africa, but that South Africa is sitting on an industrial relations time bomb.  Time will tell...

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Legal writing and drafting: Tips from top professionals

Legal writing and drafting is important because plain and understandable language is now a legal requirement thanks to sec 22 of the Consumer Protection Act 68 of 2008 that came into effect 17 years ago.  It will surely be of considerable use to record the advice of a...

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South Africa 40 years ago: Dealing with dismissal and divorce

Legally the two most important human relationships were  treated very differently in South Africa 40 years ago.  By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the majority of citizens were deprived of the...

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Void for vagueness: Approach when exception taken

Void for vagueness was considered in a recent judgment of the SCA in Loggenberg NO v Maree (286/17) [2018] ZASCA 24 (23 March 2018) and has drawn specific attention to the doctrine of vagueness, more particularly concerning the legal practice of taking exception to...

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