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YOUNG OFFENDERS AND THE LAW: SHOULD SOUTH AFRICAN JUVENILE JUSTICE PRIORITISE PUNISHMENT OR REHABILITATION?
Does South Africa’s child justice system strike an appropriate balance between holding children accountable for their actions and recognising their capacity for change? That question sits at the centre of the debate about how the law should respond when children commit offences. Children are often associated with innocence, but some become involved in conduct ranging from theft, assault, to serious violence. The Child Justice Act 75 of 2008 provides a framework for responding
2 days ago6 min read


OUT AND OUT WITH SECTION 7(7)(c) OF THE DIVORCE ACT: GD v MINISTER OF HOME AFFAIRS
This article provides a practical overview of a Court’s ability to order that one party’s assets be redistributed to another upon divorce in out and out marriages. It notes that the Constitutional Court’s judgment in GD v Minister of Home Affairs has allowed pension interests to form part of this redistribution. So-called “out and out marriages” which are concluded out of community of property and without the application of the accrual system seem to ensure that one’s asset b
Oct 156 min read


FICA COMPLIANCE IN PROPERTY: A REGULATORY SHIFT FROM DOCUMENTARY COMPLIANCE TO DEMONSTRABLE COMPLIANCE
The Financial Intelligence Centre (“FIC”) is placing an increasing emphasis on demonstrable FICA compliance. For accountable institutions in the property sector, it is no longer sufficient simply to have a Risk Management and Compliance Programme (“RMCP”) in place. Institutions must be able to demonstrate that their compliance framework is understood, implemented and kept relevant to the risks faced by their business. This represents an important shift in the practical applic
Sep 304 min read
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