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Commentary on the Immigration Amendment Bill

Introduction Foreigners who stay longer than their visa allows face much harsher sanctions under a new immigration law, which lawyers say is punitive and unconstitutional. The Immigration Amendment Bill (the “Bill”) was published in Government Gazette No. 39501 of 11 December 2015, in order to amend the Immigration Act 13 of 2002 (“the Act”). This
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COJ’s Draft Problem Property Bylaws

Introduction The City of Johannesburg (“City”) has recently published a draft “By-law on Problem Properties” document (“bylaws”). Problem Properties are defined to include any part of a building or structure located in the City, and which fit the criteria set out in clause 7(1) of the bylaws. Section 7(1) is a long list, which includes
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COJ’s By-Law on Problem Properties

Introduction The City of Johannesburg (“City”) recently promulgated its “By-law on Problem Properties” (“Bylaws”). We wrote a previous article commenting on the difficulties that the Draft By-law on Problem Properties pose. This article looks at problems caused by the promulgated (final) version, which is now legally in force. For convenience, some of the content herein
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What type of rates clearance certificate is a seller legally obliged to obtain?

Introduction Following the Supreme Court of Appeal’s Mathabathe judgment in 2013, this area of practice has become fraught with risks for buyers, sellers, banks, estate agents, attorneys, and many others. Every property acquisition can now result in unintended consequences for the unaware. This article explores the question “what type of Rates Clearance Certificate” (“RCC”) a
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Case Note: KwaZulu – Natal Law Society v Moodley and Another (7037/2014) [2016] ZAKZPHC 25 (26 February 2016)

Summary The Applicant was seeking to strike off the First Respondent from the roll of attorneys on account of her not being a fit and proper person to practise as an attorney. The First Respondent faced four counts of professional misconduct namely: 1. A contravention of s 70(2) of the Attorneys Act No. 53 of
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