Law Update : Issue 9

Posted on: December 5th, 2013 by STBBSiteOwner

PREVENTION OF CRUELTY TO ANIMALS: LATEST DEVELOPMENTS

The fact that the National Council of Societies for the Prevention of Cruelty to Animals (‘the NSPCA’) is a juristic person has become an obstacle in its proper functioning. This is because, in terms of the Criminal Procedure Act, only private persons (as opposed to entities/‘juristic persons’) may pursue private prosecutions in any case where the police or other enforcement agency (via the office of the Director of Public Prosecutions) declines to prosecute an alleged offence. In other words, only private people can become private prosecutors and the NSPCA cannot do so itself.

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Summary

BE AWARE OF THE IMPORT OF ADJUDICATION IN BUILDING AGREEMENTS

Adjudication is a very specific method of dispute resolution and, judging from the issues raised in the recent judgment in Steffanutti Stocks (Pty) Ltd v S8 Property (Pty) Ltd (October 2013), is a mechanism that parties to JBCC contracts need to understand – whether to save unnecessary litigation costs or to enable informed partaking in the adjudication process.

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Summary

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