These resources are not only sourced from or related to South African law.  They are not all articles produced by Clearlaw or approved by Clearlaw, nor does Clearlaw endorse their content.  These resources are made available for your convenience and interest. The articles are referenced.  The resources are available as articles, books or other sources, videos, and presentations.  Please ensure you read the terms of use for all third-party resources.

You will also find some law leisure challenges such as crosswords and word searches for your amusement, under Games, which have been produced during #lockdown.  The answers can be found in the hyperlinks.

Associated skills learning

Emotional intelligence               

The key to harnessing self-doubt starts with self-efficacy, or our confidence in our ability to set ourselves up for success. And we can improve self-efficacy through something that we all already do: talk to ourselves, says writer Rich Karlgaard.  (2020). See: https://ideas-ted-com.cdn.ampproject.org/c/s/ideas.ted.com/self-doubt-can-actually-help-you-bloom-and-it-all-starts-with-how-you-talk-to-yourself/amp/

 

Why you need EI (2017).  See https://www.weforum.org/agenda/2017/02/why-you-need-emotional-intelligence/

Dealing with mistakes (2018).  See https://www.lawsociety.org.uk/news/blog/owning-up-to-mistakes/

Its time to rethink the meaning of work (2017).  See https://www.weforum.org/agenda/2017/04/why-its-time-to-rethink-the-meaning-of-work

 

Leo Tolstoy – Finding meaning in a meaningless world.  See https://www.brainpickings.org/2014/06/03/tolstoy-confession/

When burnout is a sign you should leave your job (2018).  See https://hbr.org/2018/01/when-burnout-is-a-sign-you-should-leave-your-job?utm_campaign=hbr&utm_source=twitter&utm_medium=social

How are you perceived at work? (2018).  See https://hbr.org/2017/12/how-are-you-perceived-at-work-heres-an-exercise-to-find-out?utm_campaign=hbr&utm_source=twitter&utm_medium=social

 

The importance of ongoing learning

The secret to lifelong success is lifelong learning (2018).  See https://www.weforum.org/agenda/2018/01/the-secret-to-lifelong-success-is-lifelong-learning?utm_content=buffer72d87&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Learning is a learned behaviour.  Here’s how to get better at it (2018).  See https://hbr.org/2018/05/learning-is-a-learned-behavior-heres-how-to-get-better-at-it?utm_source=linkedin&utm_medium=social&utm_campaign=hbr

The Future of Learning (2018).  See https://medium.com/s/story/what-is-the-future-of-learning-3ff625d1dc86

Continuous Learning: An Essential Strategy for your Personal Success (2019).  See http://www.innovationmanagement.se/imtool-articles/continuous-learning-an-essential-strategy-for-your-personal-success/

 

Be like Bill Gates and Warren Buffett – if you’re not spending 5 hours per week learning you’re being irresponsible (2019).  See  https://qz.com/1178713/be-like-bill-gates-and-warren-buffett-if-youre-not-spending-5-hours-per-week-learning-youre-being-irresponsible/

Business and commercial law

The World Bank’s Doing Business project provides objective measures of business regulations for local firms in 190 economies and selected cities at the subnational level.  See http://www.doingbusiness.org/

Valuing a business or assets in a business (2019).  See https://content.majestic3.com/Articles/CrestCapital/fudging_the_figures.html

 

Confidentiality

Confidentiality agreements, non-disclosure agreements or NDAs – watch this short from the Good Fight: https://twitter.com/thegoodfight/status/1107800419319713792

Case law

Competition Commission of South Africa v Standard Bank of South Africa Limited; Competition Commission of South Africa v Standard Bank of South Africa Limited; Competition Commission of South Africa v Waco Africa (Pty) Limited and Others (CCT158/18; CCT179/18; CT218/18) [2020] ZACC 2 (20 February 2020) [See PDF or find the case at http://www.saflii.org/za/cases/ZACC/2020/2.html]

COVID-19 (a selection of resources) NEW

Please find more resources at www.gov.za and www.sacoronavirus.co.za and www.gov.za/coronavirus/guidelines..  Resources listed here were uploaded on 6 May 2020 and will be updated from time to time.  Please also look for other COVID-19 related resources in relation to competition, force majeure, economics, and the law; and all the other directions and regulations published by Ministers of other portfolios.

Disaster Management Act, 2002 (Act No. 57 of 2002). See PDF

March 2020

Gazette 43096 of 15 March 2020 entitled “Declaration of a National State of Disaster”. See PDF

Gazette 43107 of 18 March 2020 entitled “Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002”. See PDF

Gazette 43148 of 25 March 2020 entitled “Amendment of Regulations issued in terms of section 27(2)”. See PDF

Gazette 43168 of 26 March 2020 entitled “Amendment of Regulations issued in terms of section 27(2)”. See PDF

Gazette 43199 of 2 April 2020 entitled “Amendment of Regulations issued in terms of section 27(2)”. See PDF

Gazette 43164 of 26 March 2020 entitled “Electronic Communications, Postal and Broadcasting Directions issued under Regulation 10(8) of the Disaster Management Act, 2002 (Act No. 57 of 2002). See PDF

April 2020

Gazette 43205 dated 3 April 2020 published by the dti, entitled “Regulations on Competition Tribunal Rules for COVID -19 excessive pricing complaint referrals”. See PDF

Gazette 43207 of 6 April 2020 published by ICASA, entitled “Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations”. See PDF

Gazette 43258 of 29 April 2020 published by COGTA entitled “Regulations issued in terms of section 27(2) of the Disaster Management Act, 2002” (also known as Alert Level 4 Lockdown Regulations). See PDF

May 2020

Gazette 43263 of 3 May 2020, entitled “Directions on the Risk-Adjusted Strategy for the Communications and Digital Technologies Sector”. See PDF

Gazette 43279 of 5 May 2020 published by ICASA, entitled “Amendment of Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations”. See PDF

You should note that the regulations of 29 April 2020 replace each of the Regulations published as Gazettes 43107, 43148, 43168, 43232 and 43240 (which remain valid only for offences committed under them at the relevant time). 

Competition Law

ICASA: a Guideline for Conducting Market Reviews (in terms of section 67 of the ECA), 8 March 2010. See PDF

An economist’s perspective: Abuse of dominance in online markets. Competition Law Insights (2019). See PDF

 

The new age of corporate monopolies (2018).  See https://www.ted.com/talks/margrethe_vestager_the_new_age_of_corporate_monopolies

 

This COVID-19 related article considers the impact of the virus on competition. In this essay Professor Fox reflects on the sometimes delicate balance between private power and state power. She posits a triangle of tensions among: 1) relying on the market with aggressive antitrust to tame and cabin business power, 2) relying on the market and opposing aggressive antitrust on the theory that business power is fanciful or fleeting and antitrust tends to protect inefficient market players, and 3) relying on the ship of state to guide or commandeer the market, which seems especially attractive in times of crisis (2020). See: https://www-competitionpolicyinternational-com.cdn.ampproject.org/c/s/www.competitionpolicyinternational.com/antitrust-and-power-the-state-the-market-and-the-virus/amp/

 

Mergers and acquisitions            

Don’t acquire a company before you’ve asked these questions (2018). See https://hbr.org/2018/05/dont-acquire-a-company-before-youve-asked-these-questions

Deal or no deal? Nine questions to ask when doing an M&A deal (2018).  See https://www.golegal.co.za/mergers-acquisitions-transaction/

 

See the dti Regulations under COVID-19 on excessive pricing

Constitutional law

The world’s constitutions to read, search and compare.  See https://www.constituteproject.org/

The Constitutional Court Review is the only international journal of record that devotes its attention to the work of South Africa’s highest court. The long essays, replies, articles and case comments use recent decisions to navigate more general currents in the Court’s jurisprudence.  See http://www.constitutionalcourtreview.co.za/

Contracts

Can Smart Contracts Solve the AI Limitations Problem? (2019). See https://www.artificiallawyer.com/2019/03/01/can-smart-contracts-solve-the-ai-limitations-problem-clause-thinks-so/

The age-old question: when is a written agreement validly amended or varied? (July 2019).  See https://www.golegal.co.za/amendments-written-agreement/

Top tips for technology contracts (2019).  See https://www.michalsons.com/blog/top-tips-information-technology-contracts/22238

Whistle blower policy. See PDF

Protected disclosure act 26 of 2000. See PDF

Act No. 5 of 2017: Protected Disclosures Amendment Act, 2017. See PDF

The law of contract, FAQs (2019). See https://www.lawyer.co.za/index.php/law-of-contract#no30

Drafting of sale of share agreements: important considerations. (May 2020).  See: https://www.golegal.co.za/sale-share-agreements-considerations/

A term sheet (sometimes referred to as a memorandum of understanding, heads of agreement or letter of intent) is an important document which sets out the commercial terms upon which persons or entities agree to transact with one another. The term sheet is often the first recordal of a proposed transaction and is the document which forms the basis of the negotiation of the formal agreements required to implement the transaction. Read the following article for more.  Term sheets: Some important considerations. (April 2020). See: https://www.financialinstitutionslegalsnapshot.com/2020/04/term-sheets-some-important-considerations/

Also see our online modules on Language and the Lawyer; The Importance of Language; and Contracts, Parts I, II and III in the Learning Centre

Force majeure

The coronavirus pandemic has given rise to several cases and articles on whether or not the pandemic constitutes force majeure – an event that is out of the control of parties to an agreement.  Here is a selection of these articles, there are many more.

Breach of contract v force majeure – economic impact analysis.  See: https://www.thinkbrg.com/assets/htmldocuments/BRG-Fahlman-Force-Majeure-COVID-2020_cleaned.pdf

Werksmans Attorneys consider the effect of force majeure on loan agreements: A worldwide pandemic – is it time to consider the inclusion of force majeure provisions in loan agreements? (May 2020).

https://www.werksmans.com/legal-updates-and-opinions/a-worldwide-pandemic-is-it-time-to-consider-the-inclusion-of-force-majeure-provisions-in-loan-agreements/

This is not specifically a force majeure article, but it does consider the ‘economics’ of a pandemic and what the correct response might be, if there is one.  See: http://ftiinsights.com/wp-content/uploads/2020/04/Responding-to-Covid-19-Article-SA-Economy-between-a-Rock-and-a-hard-place_FTI.pdf

The following case considered the ‘supervening impossibility of performance’ or force majeure provisions of a contract (unrelated to COVID-19):

 Wilma Petru Kooij v Middleground Trading 251 CC and Another (1249/18) [2020] ZASCA 45 (23 April 2020)

Templates

See http://www.virtuallegal.co.za/  (Note that Clearlaw has collated content for your convenience. Clearlaw does not endorse these templates, the rules of the relevant site apply).

Customary Law

Does the non-registration of customary marriage affect its validity? (May 2020). See: https://www.derebus.org.za/does-the-non-registration-of-customary-marriage-affect-its-validity/

 

Weeks, F.M et al. African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives.  Oxford University Press Southern Africa. 2014. 

This book offers “provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis. This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges. The following teaching resources complement the text, and are available to lecturers, to support teaching and learning: PowerPoint slide presentation Application questions.”

This book was last available on Loot.

Cyber-security

Vicarious liability for data breaches – beware! (2019). See https://www.golegal.co.za/data-breaches-liability/

Submission to the Select Committee on Security and Justice on the Cybercrimes Bill [B 6B-2017] 8 March 2019.  Centre for Applied Legal Studies (2019). See PDF

Data protection

Compliance is key: the impact of the General Data Protection Regulation. See PDF

Vicarious liability for data breaches – beware! (2019). See https://www.golegal.co.za/data-breaches-liability/

Social media and the law.  See https://www.lssalead.org.za/videos/general (courtesy of the Law Society)

e-Commerce

What is cryptocurrency? (2019) https://www.getsmarter.com/blog/market-trends/what-is-cryptocurrency-an-easy-to-understand-guide/

The regulatory status of cryptocurrency exchanges (2019) https://www.golegal.co.za/cryptocurrency-exchanges-regulatory/

eCommerce and the law.  See https://www.lssalead.org.za/videos/general (courtesy of the Law Society)

Education

Tackling your Thesis, by Charley Lewis (2019) FREE

Technology and continuing legal education, by Kerron Edmunson (This article is published with permission from the editor of De Rebus. The article first appeared in De Rebus 2019 (Aug) DR 36 and on the De Rebus website at http://www.derebus.org.za/technology-and-continuing-legal-education/ on 1 August 2019)

Tshivhase, A E ; Mpedi, L G ; Reddi, M. (2019). Decolonisation and Africanisation of Legal Education in South Africa. Juta.  Web reference: https://juta.co.za/catalogue/decolonisation-and-africanisation-of-legal-education-in-south-africa_25916/

Ethics

A Thought piece on ethical conduct for attorneys. See PDF

Ethics Management. See PDF

The tenets of ethical conduct for legal professionals under the LPA. See PDF

LPC Final Code of Conduct. See PDF

The requirement to be a ‘fit and proper person’ (2011) See PDF

See the Clearlaw online module on Ethics and the law, and Ethics and Business in the Learning Centre

Corruption hinders both public and private sector productivity. It perpetuates inequality and poverty, impacting well-being and the distribution of income and undermining opportunities to participate equally in social, economic and political life.  Integrity is essential for building strong institutions and assures citizens that the government is working in their interest, not just for the select few. Integrity is not just a moral issue, it is also about making economies more productive, public sectors more efficient, societies and economies more inclusive. It is about restoring trust, not just trust in government, but trust in public institutions, regulators, banks, and corporations.  In 2017, the OECD adopted a new Recommendation on Public Integrity. Download the brochure at http://www.oecd.org/gov/ethics/recommendation-public-integrity/

See the Clearlaw online module on Ethics and the law, and Ethics and Business in the Learning Centre

The Fourth Industrial Revolution

How leaders are navigating the Fourth Industrial Revolution, Punit Renjen. Deloitte (2019). See PDF

#LegalTech v #Lawtech – WTF? (2018).  See https://www.legalgeek.co/learn/lawtech-legaltech-wtf/

 

Artificial Intelligence (AI)

Executive summary of the EU’s draft ethics guidelines – Trustworthy AI (2018) See PDF

Ethics for AI, The full story (2018).  See: https://ec.europa.eu/digital-single-market/en/news/draft-ethics-guidelines-trustworthy-ai

The GSMA’s response to the AI guidelines (2018) See PDF

Can Smart Contracts Solve the AI Limitations Problem? (2019). See https://www.artificiallawyer.com/2019/03/01/can-smart-contracts-solve-the-ai-limitations-problem-clause-thinks-so/

Intelligent contracts? The ability to draft a contract using online standard clauses, or the ability to link contracts directly to the execution of those contracts with execution software. Read more at:

  1. https://www.clausebase.com/
  2. https://www.intelligentcontract.com/en-gb/
  3. https://www.seal-software.com/blog/blockchain-why-we-need-intelligent-contracts-aka-smart-contracts-30
  4. https://www.medium.com/@clause

Gender-related matters

Is there a material difference between a person’s gender and their status as a parent?

(2020).  This article was first published in De Rebus in 2020 (April) DR 1.  See http://www.derebus.org.za/is-there-a-material-difference-between-a-persons-gender-and-their-status-as-a-parent/

Human Rights

From #metoo to #aminext – Addressing gender-based sexual violence in the workplace (September 2019): https://www.golegal.co.za/gender-based-sexual-violence/

Violence and harassment in the workplace: the latest from the ILO (July 2019). See https://www.golegal.co.za/violence-harassment-workplace-ilo/

ILO: Violence and Harassment Convention, 2019 (No. 190), accessible on NORMLEX at https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:3999810:NO

Also see our online Sexual Harassment module in the Learning Centre

Gender

Is there a material difference between a person’s gender and their status as a parent?

(2020).  This article was first published in De Rebus in 2020 (April) DR 19. See http://www.derebus.org.za/is-there-a-material-difference-between-a-persons-gender-and-their-status-as-a-parent/

African Human Rights Law Journal (2016).  See http://www.ahrlj.up.ac.za/about-the-journal

Also see our online Sexual Harassment module in the Learning Centre

The Legal Profession

This article by the Minister of Justice, Mr Ronald Lamola, was penned during the COVID-19 lockdown, and considers the role of law and how it must adapt to deal with crisis. (2020).  See: https://m.news24.com/Columnists/GuestColumn/ronald-lamola-the-law-cannot-be-static-or-cast-in-stone-during-covid-19-20200426

Dealing with clients (2018). See https://www.derebus.org.za/some-red-flag-risk-areas-to-keep-a-look-out-for-in-clients/

What clients want. See PDF

Transformation of the legal profession. See PDF

The requirement to be a ‘fit and proper person’ (2011) See PDF

Women in Law and Society. See PDF

Hurdles faced by start-up law firms (2018).  See https://www.derebus.org.za/letters-to-the-editor-june-2018/

Large firms v small firms (2018).  See https://www.derebus.org.za/large-law-firms-v-small-law-firms/

Re-positioning women in the legal profession (2017).  See https://www.derebus.org.za/re-positioning-women-legal-profession-discussed-sawla-agm/

Career guide to the Legal Profession (2016). See PDF

The professional duties of a legal practitioner (2019): http://www.derebus.org.za/client-expectations-and-the-professional-duties-of-a-legal-practitioner/

 

Transformation of the legal profession

Submission to the Portfolio Committee on Justice and Correctional Services on the Proposed Amendments to the Legal Practise Act, July 2017 See PDF

Submission to the National Forum, SA Law Reform Commission on the Draft Rules under the Legal Practise Act, March 2018 See PDF

Fusion in the profession, by the BLA (2019).  See https://www.derebus.org.za/bla-agm-fusion-is-the-way-to-go/

 

Solicitors in RSA

Price publication rules will drive down cost and quality (2019).  See https://www.lawgazette.co.uk/practice/price-publication-rules-will-drive-down-costs-and-quality/5069126.article

For a quick analysis of the revised SRA Rulebook in 2019, see https://www.lawsociety.org.uk/news/blog/the-devils-in-the-lack-of-detail-the-new-sra-rulebook/

Litigation

The Plascon Evans Rule: Factual disputes in motion proceedings (2016). See https://www.gilesfiles.co.za/plascon-evans-rule-disputes-of-fact-in-motion-proceedings/

Preparing a bundle for court (2019). See https://www.derebus.org.za/court-bundles-how-to-prepare-them-properly/

Understanding the cannabis judgement (2019).  See https://criticallaw.co.za/the-confusion-caused-by-thinking-about-cannabis/

Mergers and acquisitions

Don’t acquire a company before you’ve asked these questions (2018). See https://hbr.org/2018/05/dont-acquire-a-company-before-youve-asked-these-questions

Deal or no deal? Nine questions to ask when doing an M&A deal (2018). See https://www.golegal.co.za/mergers-acquisitions-transaction/

Regulation

Kuye, J.O. 2016.  Quangos and Chapter 9 institutions in the governance of the state: Leadership issues and reforms in developing and emerging nations. African Journal of Public Affairs. University of South Africa (UNISA) South Africa. 9(1): 86-109. March 2016. See PDF

Lewis, C. 2019. Policy, law and regulation. See PDF

Lewis, C. 2019. Regulation – an introduction. See PDF

Charley Lewis (Ph D, M Comm – http://www.ICT-Policy.Africa) is an independent analyst and researcher, working in the field of ICT policy and regulation.  He undertakes a wide range of policy and regulatory projects, offers ICT sector analysis and advice, does research and writing, and delivers training and facilitation.

The online learning modules, Regulation I, II and III, have been based on the articles written by Charley Lewis.

 

In Europe

The Commission would like to hear your views on laws and policies currently in development. Click on an initiative to find out more, view feedback, or give your own feedback. Please note that the Commission may decide to modify or abandon an initiative at any time.  See https://ec.europa.eu/info/law/better-regulation/initiatives/   

An interesting if old article on the relative merits of principle-based and rule-based regulation (2009) https://www.researchgate.net/publication/220809898_Rule-based_versus_Principle-based_Regulatory_Compliance

Also see our 3 modules on Regulation (I, II and III) for insight into the world of regulatory law – an essential part of every legal framework and an innovative and exciting sector for new lawyers.

South African law

In South Africa, Guidelines were formulated in 2015 after a lengthy study. These Guidelines deal with the need to undertake a socio-economic impact study before implementing legislation.

There are mixed views on whether this requirement is being met.  See https://www.dailymaverick.co.za/opinionista/2018-08-02-governments-malicious-compliance-with-socio-economic-impact-assessments/

 

Sites of interest

http://www.dejure.up.ac.za/

http://legalbrief.co.za/

https://www.golegal.co.za/

The Southern African Legal Information Institute (SAFLII) publishes legal information for free public access which comprises mainly of case law from South Africa.  SAFLII also hosts legal materials from other countries in the region which are obtained through partnerships, collaborative efforts and more recently through linking to other Legal Information Institutes established in these regions. All information is offered on a free and open basis subject to their terms of use and is continuously updated.  See http://www.saflii.org/

As a leading provider of services and facilities that promote access to information, the team at Sabinet is committed to:

  • offering innovative services that enable end users to easily access the information they need, where and when they need it, and
  • ensuring that libraries in Africa are able to deliver the same world-class easy access to information to their end users.

Whether you are a library, corporate, small business, student or researcher, Sabinet has solutions that will help you access the information you need to study, research and do business, at a price that is tailored to your specific needs.  See www.sabinet.co.za

Telecommunications

Communicating for women in the telecommunications sector See https://clearlawsa.org.za/wp-content/uploads/2018/08/The-art-of-communication.pdf

Overview of chapter 13 of the ICT White Paper Policy (2017) See https://clearlawsa.org.za/wp-content/uploads/2018/08/Overview-of-chapter-13-of-the-ICT-Policy-White-Paper.pdf

Overview of spectrum in the ICT White Paper Policy (2017) See https://clearlawsa.org.za/wp-content/uploads/2018/08/Comments-on-ICT-white-paper-spectrum.pdf

The ICT White Paper: what to do next for a house built on sand (2017) See https://clearlawsa.org.za/wp-content/uploads/2018/08/ICT-White-Paper-overview.pdf

Powers of the Ministers by proclamation (2014) [see PDF] (note that in the 2019 SONA, President Ramaphosa declared his intention to merge the Department of Telecommunications and Postal Services, and the Department of Communications, see https://nationalgovernment.co.za/units/view/428/department-of-communications-and-digital-technologies-dcdt.  This department still functions in 2020 under two separate websites, namely www.dtps.gov.za and www.doc.gov.za.  The entities reporting to this (consolidated) department are:

  • .za Domain Name Authority (ZADNA)
  • Broadband Infraco SOC Ltd
  • Film and Publication Board (FPB)
  • Independent Communications Authority of South Africa (ICASA)
  • National Electronic Media Institute of South Africa (NEMISA)
  • Sentech SOC Ltd
  • South African Broadcasting Corporation SOC Limited (SABC)
  • South African Post Office (SAPO)
  • State Information Technology Agency (SITA)
  • Telkom SA SOC Ltd
  • Universal Service and Access Agency of South Africa (USAASA)

Lewis, C. 2019. Policy, law and regulation. See PDF

Lewis, C. 2019. Regulation – an introduction. See PDF

Charley Lewis (Ph D, M Comm – http://www.ICT-Policy.Africa) is an independent analyst and researcher, working in the field of ICT policy and regulation.  He undertakes a wide range of policy and regulatory projects, offers ICT sector analysis and advice, does research and writing, and delivers training and facilitation.

The online learning modules, Regulation I, II and III, have been based on the articles written by Charley Lewis.

Also see the Directions published by the Minister of Communications and Information Technologies and the Regulations published by ICASA, both under COVID-19.