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April 5, 2020
COVID-19 COMPLEX LIVING
The nature of the Covid-19 pandemic has caused governments – both democratic and otherwise – to impose restrictions on freedoms which are normally taken for granted. South Africa is no exception and has declared a State of National Disaster in terms of the Disaster Management Act, 2002 and has accordingly gazetted various regulations to deal with this crisis. Included is a regulation which restricts the right of movement and provides that for the period of the lockdown (27 March 2020 until 16 April 2020) every person must be confined to his or her place of residence, unless strictly for the purpose of performing an essential service, obtaining an essential good or service, collecting a social grant, or seeking emergency, life-saving, or chronic medical attention.
April 3, 2020
SPLUMA CERTIFICATES EXPLAINED
SPLUMA is the acronym for the Spatial Planning and Land Use Management Act, 2013 (the “Act”) which came into effect in 2015. SPLUMA aims to develop a national framework to govern spatial planning, planning permissions, and land development approvals. As framework legislation, it provides broad principles for a set of provincial (and municipal) laws to regulate planning and repeals legislation which previously regulated these matters, such as the Development Facilitation Act, the Less Formal Township Establishment Act, and the Removal of Restrictions Act.
April 2, 2020
CONFLICT IN CHAOS: MEDIATION IN THE AGE OF COVID-19
Mediation has long been recognised as an effective and efficient alternative dispute resolution method. Recent amendments to the Rules of Court which introduced court aligned mediation in South African Courts were welcomed by many who understand and recognise the benefits of a mediated resolution to a dispute both locally and internationally.
April 2, 2020
CORONAVIRUS PRESCRIPTION
There is currently no prescription drug for COVID-19, let alone a cure. The term prescription has both a medical and legal meaning. While the world holds its collective breath for a COVID-19 vaccine, prescription or cure, this article will deal with prescription in the legal sense.
April 2, 2020
STATES OF EMERGENCY AND THE CONSTITUTION
In a historical announcement on 23 March 2020 flowing from Covid-19 reaching our shores, President Ramaphosa announced a 21-day lockdown to run from 27 March 2020 to 16 April 2020. Such an unprecedented step was bound to be met with some defiance and already the first application to the Constitutional Court challenging the lockdown has been brought and dismissed.
April 2, 2020
THE HIGH COURT’S GRAVE DECISION
Less than 24 hours after the national lockdown came into effect, an urgent application to the Mpumalanga High Court has been rejected.
