FEATURES

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TWO HEADS ARE BETTER THAN ONE

There are instances where judges may not have the necessary expertise to analyse expert evidence in specialised civil matters. In such cases, the appointment of a second head, in the form of an assessor with the requisite knowledge, experience and skill of reasoning in the relevant field, may avoid a miscarriage of justice, writes Henry Lerm.

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ARE PROVISIONAL SENTENCE PROCEEDINGS CONSTITUTIONAL?

In this article Zamazulu Nkubungu considers the purpose and origins of provisional sentence, as provided for in r 8 of the Uniform Rules of Court, as well as the constitutionality of this rule and how the courts have ruled on it over the years.

ENFORCEMENT OF CCMA DEFAULT AWARDS

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The enforcement of default awards from the Commission for Conciliation, Mediation and Arbitration is so fraught with legal and practical complications that the procedure is ultimately untenable, argues Sizwe Buthelezi. In this article he considers whether such awards can be enforced through s 65A and M of the Magistrates' Courts Act 32 of 1944, in conjunction with the relevant rules.

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30 YEARS OF THE 'SEA CONSTITUTION'

In the year of its 30th anniversary, the United Nations Convention on the Law of the Sea retains its role as the 'constitution for the oceans and seas'. As the globally recognised regime dealing with all matters relating to the law of the sea, Michael Kabai claims that the convention remains dynamic in the fields of international and maritime law.

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UNITY OF APPLICANT IN PATENT APPLICATIONS

Advisers need to pay careful attention to unity of applicant in patent applications and ensure that the chain of title is objection proof. If an applicant for a South African patent claiming priority from an earlier application is not also the applicant for that earlier application, and there has not been a timeous assignment of priority rights, this can create problems, according to FJ Labuschagne. DE REBUS - OCTOBER 2012 - 2 - 38 Editor: Kim Hawkey BA LLB (UCT) BA Hons (Wits) attorney and conveyancer dEputy Editor: Mapula Sedutla NDip Journ (DUT) BTech (Journ) (TUT) NEws Editor: Nomfundo Manyathi NDip Journ (DUT) BTech (Journ)(TUT) suB-Editor: Kevin O' Reilly - MA (NMMU) suB-Editor: Kathleen Kriel - BTech (Journ) (TUT) Editorial sEcrEtary: Shireen Mahomed Editorial committEE: Sithembele Mgxaji (Chairperson), Peter Horn, Danie Olivier, Mohamed Randera Editorial officE: 304 Brooks Street, Menlo Park, Pretoria. PO Box 36626, Menlo Park 0102. Docex 82, Pretoria. Tel (012) 366 8800 Fax (012) 362 0969. E-mail: derebus@derebus.org.za DE REBUS oNliNE: www.derebus.org.za coNtENts: Acceptance of material for publication is not a guarantee that it will in fact be included in a particular issue since this depends on the space available. Views and opinions of this journal are, unless otherwise stated, those of the authors. Editorial opinion or comment is, unless otherwise stated, that of the editor and publication thereof does not indicate the agreement of the Law Society, unless so stated. Con tributions may be edited for clarity, space and/ or language. The appearance of an advertise ment in this publication does not neces sarily indicate approval by the Law Society for the product or service ad ver tised. De Rebus editorial staff use the lexisNexis online product: MyLexis- Nexis. Go to www.lexisnexis.co.za for more information. priNtEr: Ince (Pty) Ltd, PO Box 38200, Booysens 2016. audio vErsioN: The audio version of this journal is available free of charge to all blind and print-handicapped members of Tape Aids for the Blind. advErtisEmENts: main magazine: Ince Custom Publishing Contact: Ian Wright * Tel (011) 241 3281 * Fax (011) 241 3040 Cell: 082 574 6979 * E-mail: IanW@ince.co.za classifieds supplement: Contact: Kathleen Kriel Tel (012) 366 8800 * Fax (012) 362 0969 PO Box 36626, Menlo Park 0102 * E-mail: yp@derebus.org.za accouNt iNquiriEs: David Madonsela Tel (012) 366 8800 E-mail: david@lssa.org.za circulatioN: De Rebus, the South African Attorneys' Journal, is published monthly, 11 times a year, by the Law Society of South Africa, 304 Brooks Street, Menlo Park, Pretoria. It circulates free of charge to all practising attorneys and candidate attorneys and is also available on general subscription. attorNEys' mailiNg list iNquiriEs: Gail Mason Tel (012) 441 4629 E-mail: gail@lssalead.org.za All inquiries and notifications by practising attorneys and candidate attorneys should be addressed to the relevant law society which, in turn, will notify the Law Society of SA. suBscriptioNs: General, and non-practising attorneys: R630 p/a Retired attorneys and full-time law students: R484 p/a Cover price: R66 each Subscribers from African Postal Union countries (surface mail): R1 001 (VAT excl) Overseas subscribers (surface mail): R1 222 (VAT excl) NEw suBscriptioNs aNd ordErs: David Madonsela Tel: (012) 366 8800 * E-mail: david@lssa.org.za Mpasa logo.fh11 6/17/09 3:10 PM Page 1 Composite C M Y CM MY CY CMY K © Copyright 2012: Law Society of South Africa 021-21-NPO Tel: (012) 366 8800 Member of the Magazine PublishersAssociation of South Africa. Member of The Audit Bureau of Circulations of Southern Africa

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