Legal Information Update: 15 – 19 February 2021

This is a brief selection of some of the highlights published in our weekly newsletter, the Lexinfo Attorney Alert, dated 19 February 2021.


Cases


King N.O. and Others v De Jager and Others (CCT 315/18) [2021] ZACC 4 (19 February 2021)

Unfair discriminatory bequest — private wills — freedom of testation — Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 — section 39(2) of the Constitution.

Judgment: View here.

Media Summary: View here.


Medtronic International Trading SARL v CSARS (33400/2019). Gauteng High Court, Pretoria. 15 Feb 2021.

​Value-Added Tax Act, 1991 Value-added tax; whether the provisions of the voluntary disclosure agreement prohibit a request for remission of interest under section 39(7) of the VAT Act 89 of 1991.

View here.


S v S (12496/2019) [2021] ZAGPJHC 7 (8 February 2021)

Maintenance – Salary reduction due to COVID-19 pandemic – Spouse insisting on full maintenance despite 20% salary reduction – Expected 96% of spouse’s earnings – Disclosure of financial circumstances – Whether short payment justified – Application dismissed – Counter-application relating to access to children – Wife not permitting children to be removed from residence due to health risks posed by COVID-19 – Respondent authorised to exercise contact with minor children – Applicant to pay costs of counter-application.

View here.


Draft Bill


Disaster Management Amendment Bill, 2021

Notice of intention to introduce a Private Member’s Bill and invitation for comment on the draft within 30 days from date of publication (Mr Cilliers Brink, MP).

“The draft Bill therefore seeks to subject the wide-ranging powers of the Minister to declare and extend a national state of disaster, and to make subordinate legislation pursuant to such a declaration, subject to Parliamentary supervision. The draft Bill also seeks to limit the initial period a national state of disaster can be declared to the same 21 (twenty one) day limit that our law currently places on a state of emergency, the latter resembling the former in key respects.”

GenN46 GG 44166 p3 18Feb2021

Click here to view.


Government Gazettes


Broad -Based Black Economic Empowerment Act 53 of 2003

Publication of exemption in terms of s 9(6) and 10(2): General Notice granting the Department of Mineral Resources and Energy (DMRE) permission to specify qualification criteria for procurement and other economic, which– (a) exceed those found in a relevant code of good practice in terms of section 9(6); and/or (b) Deviate, in terms of section 10(2), from the requirements contained in the relevant code of good practice for its Risk Mitigation Independent Power Producer Procurement Programme (RMIPPPP).

RGN91 GG 44157 p3 12Feb2021

Click here to view.


Immigration Act 13 of 2002

Draft Critical Skills List (2020): Invitation to comment by 16h00 on 31 March 2021.

GN96 GG 44164 p3 18Feb2021

View here.


New Legislation


Public Investment Corporation Amendment Act 14 of 2019

Commencement on publication.

GN44 GG 44160 p1 15Feb2021

Click here to view.


New Publication


Quinot, Geo. Administrative Justice in South Africa: An Introduction. – 2nd ed. ­ Oxford University Press, 2021.


Practice Direction


Gauteng Division of the High Court. Judge President’s Practice Directive 1 of 2021. 18 February 2021.

Click here to view.


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