Editor's Note

Myrle Vanderstraeten joined Gleason Publications in October 1998. Assistant editor to David Gleason on without prejudice from October 2001 until March 2011, Myrle took over the reins as editor in April 2011.

Passionate about the publication, she has revelled in the challenges to maintain the magazine’s reputation as “a rare source of valuable information” and views the entry into the digital world as an exciting step that will expand without prejudice’s footprint into other jurisdictions.

Editor's Note - May 2019

Our annual feature on the top final year LLB students is always interesting for a variety of reasons, for me not least because there often seems to be a similarity in their characteristics, and I enjoy the five and ten year on catch-ups to see whether students still display the traits I may have observed when they graduated.

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Editor's Note - April 2019

In April we traditionally publish the first of three "top student" sections. The Class of 2009 is in the limelight and readers will find interesting the diverse routes taken.

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Editor's Note - March 2019

Without prejudice is delighted to welcome to the Sponsorship Group, MacRobert. In 1989 two law practices –MacRobert, de Villiers and Hitge and Lunnon and Tindall – merged to form MacRobert de Villiers Lunnon and Tindall. The firms have a 123-year-old history, making it one of the oldest law practices in Gauteng. The rather long practice name was shortened to MacRobert Inc in 2000 but the history of the other founding partners' lives on in the consulting rooms named after them in which photographs, documents and other memorabilia can be found.

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Editor's Note - February 2019

A new year, perhaps another opportunity to do the right thing? 2018 was yet another of those "interesting" years, for South Africa and globally. Governments and politicians made the headlines, generally not for reasons to make citizens proud.

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Editor's Note - December 2018

2018 has been a particularly tough year for most people. In fact, it is a long time since South Africans have said "What a great year". For most citizens, and foreigners who contribute in so many ways to our economy and culture, it feels like a long, hard slog to nowhere. And when those in the infamous "corridors of power" continue to behave this year in the same way as they did last year – and the year before that down the tunnel of time – it is little wonder that people question the law and the length of time it takes to provide justice, if it ever comes.

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Editor's note - November 2018

It may well be that as South Africans we love to bemoan things, but then there always seems to be plenty deserving of our indignation…

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Editor's Note - September 2018

In South Africa, women's month is August; and within August we have a public holiday to celebrate women. Internationally March is recognised as women's month.

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Editor's note - July 2018

It is strange that, as is frequently commented, gloom and doom sells. Perhaps in South Africa we are so tired of endless litanies of tales of the darker side to people that news of positive events are what we crave. In this issue we carry an article by Douglas Ainslie on the "silicosis class action". Not only was this the first class action settlement of its kind in South Africa, but it also represents a commitment on the part of all parties to reach an agreement that was fair to all in a particularly complex matter. Suspensive conditions are still to be signed and the matter has not been finalised, but it is hoped that the ongoing work involved, including finding techniques to improve underground dust and the consequential health risks, will be tackled with the same dedication.

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Editor's note - June 2018

May has been an interesting month – the first 100 days in the hot seat for President Ramaphosa, S&P Global Ratings affirmed South Africa's sub-investment grade credit rating but kept its stable outlook, and decidedly less positive – the release of the IMD World Competitiveness Ranking and the World Economic Forum Competitiveness Index 2017-2018.

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Editor's note - May 2018

One of the most important issues to be aired in 2017/2018 is that of harassment, predominantly sexual harassment. Attributed to Voltaire and frequently quoted, "with great freedom comes great responsibility".

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Editor's Note - April 2018

Getting the April issue of without prejudice "to bed" remains a challenge. The Easter weekend is a little like the Christmas break and deadlines seem to have less impact than in other months. I apologise for this issue arriving late but I hope you will enjoy reading the content and will also find it useful.

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Editor's Note - March 2018

February is always a special month at Gleason Publications. The Awards of our sister publication, DealMakers, are made to the tombstone parties of M&A and general corporate finance transactions at our glittering Gala Awards dinner.

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Editor's Note - February 2018

In Hebrew the word for "life" is chai. It has a numerical value of 18. It is a custom to give donations and monetary gifts in multiples of 18 as a physical expression of blessing for long life.

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Editor's Note - December 2017

The negative side of politics has dominated the headlines in 2017. But could the tide be turning?

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Editor's Note - September 2017

There is a chill wind that blows as I write this editor's note. A reminder that winter is not yet over any more than are the ills that beset our country, and the world.

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Editor's Note - July 2017

The headlines of South Africa's newspapers emphasise why the mood in the country is so gloomy. Those who respond by saying everyone should look to the positive rather than concentrating on the negative are, of course, right; but until such time as those who are in positions of leadership are demonstrably ethical, the permeable feeling of pushing against an overwhelming tide will remain.

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Editor's Note - May 2017

In a break from tradition, without prejudice features the Top Students of 2016 in this May issue instead of April. The #Feesmustfall movement last year, the consequent disruption of both classes and exams meant that the universities were unable to guarantee being able to let me know the names of their top students in time to contact them and for the graduates to respond.

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Editor's Note - April 2017

If one were to judge the country by newspaper headlines over the past month it would be for the three Cs – Crime, Corruption and Cowardice. I think that another C can now be added – Conniving. As we were about to go to print news broke of President Zuma's cabinet reshuffle, by 7h00 the rand has dropped 5% in value. Yet again "cry the beloved country".

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Editor's Note - March 2017

March is the without prejudice edition in which we traditionally carry the annual rankings of the legal advisers in M&A and general corporate finance for the previous year. We are delighted with the synergy that exists between the legal award sponsor, JUTA, and sister publication DealMakers under whose banner the DealMakers Gala Awards takes place.


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Editor's Note - February 2017

According to the Chinese, 2017 is the year of the Rooster. Unfortunately, according to those who predict what is on the menu, while there may be positives to the year of the Rooster, it will also provide "conflicts, controversy and plenty of debate". Does that sound a little like "same old, same old" to South Africans?

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Editor's Note - December 2016

Well, here we are at the end of 2016. It has been an interesting year punctuated by surprise political change globally. In Britain, the High Court ruled that parliamentary approval and a vote from the MPs is required in order for Article 50 to be triggered. Lord Chief Justice Thomas ruled that the government's arguments are "contrary to fundamental constitutional principles of the sovereignty of parliament".

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Editor's Note - November 2016

There are a few things that have taken place in the past month that will probably stay indelibly printed on my mind. The first is the ongoing student protests. This issue will no doubt be added to some social event conversation lists in the "do not" column – "Do not discuss politics, religion or student protests".

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Editor's Note - October 2016

without prejudice turns 15

October marks the 15th anniversary of the first issue of without prejudice. A comment by Dr Christel Marshall of Spoor & Fisher made me realise that many attorneys will have no idea how many years the magazine has been published or, for that matter, anything about its provenance. It was also her observation that lawyers would find this interesting, that has resulted in this potted history of without prejudice.

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Editor's Note - September 2016

If there is one thing about which one cannot complain about, living in South Africa, it is being bored. August provided everyone with plenty to discuss.

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Editor's Note - August 2016

This month's feature on Business Rescue is interesting and could prove particularly valuable to many people in this uncertain economic climate. I am always very grateful to the many practitioners who find time to write articles that will benefit others considerably. It is no mean feat for the attorneys, their support staff and my contacts to provide these articles. Work hours are long and full and there is seldom time left over for articles. I do recognise the encroachment into private time, without prejudice and the magazine's readers are ultimately the winners.

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Editor's Note - July 2016

June has been a month of unusual events.

It was going to be close but I doubt many people thought Britain would vote to leave the EU. Close to home, in response to my question what the view was at a large international corporate in London, my daughter answered – "shock and disbelief". Not everyone feels it's doom and gloom, and friends whose opinion I value, who are astute and successful, believe it is the right move.

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Editor's Note - June 2016

The last of the Top Student features for 2016 appears in this issue of without prejudice. Many of them have in common with the Class of 2006 the desire to set off on the road less travelled by LLB graduates. What they do not have in common is jobs abroad – perhaps a sign of the global economy.

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Editor's Note - May 2016

This month, I was personally challenged with the very topical issue of where one draws the line between expressing a genuinely held opinion and offending people. without prejudice received an interesting and well written article for inclusion in this issue of the magazine.

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Editor's Note: President Zuma and the Constitution of the Republic of South Africa: compliance not optional

It was inevitable that the Public Protector's powers would be tested before the Constitutional Court – though few could quite imagine the ensuing crisis, which shows no sign of abating. Demands for the President's resignation have been multitudinous, and an impeachment process played out unsuccessfully in parliament.

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Editor's Note - April 2016

Is without prejudice goes to print we are a world at war. One quite as deadly, but much more silent and insidious than the First and Second World Wars. The perpetrators sit in safety while others carry-out their dreadful plans, aimed at inflicting misery on innocents. It has been said that this is something the world must get used to.

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Editor's Note - March 2016

This month we include not only the Awards made to legal advisers in both M&A and general corporate finance on 16 February at the annual DealMakers Gala Awards by sister publication DealMakers, but also a feature on the topic of Mergers and Acquisitions. The aspects covered are just a few of those essential to a successful deal.

The year ahead is likely to be challenging but there are already a couple of interesting events to chew over, including the anticipated departure of Barclays from ABSA and Bidvest's plan to bring its Foodservice business onto the JSE.

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Editor's Note - February 2016

As without prejudice goes to print, only two weeks of 2016 have passed and so far the year has been challenging for South Africans.

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Editor's Note Dec 2015

A moment ago it was January, now I write the editor's note for the December issue of without prejudice – where have the intervening months gone?

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Editor's Note - November 2015

Gauteng is experiencing a heatwave. The pressure is on Eskom as people switch on their cooling systems, and the brief respite the utility had between heating and cooling is just a memory.

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Editor's Note - October 2015

Efficient productivity, a strong currency (and no, not so strong that exports suffer), a lack of corruption, enthusiastic foreign investment, a confident business sentiment and sensible planning all mean increased job creation and low crime levels. Do we have this – no.

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Editor's Note - September 2015

Globally, headline news is seldom positive; political shenanigans, crime, terrorism and catastrophes of one sort or another reign. South Africa certainly doesn't buck that trend.

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Editor's Note - August 2015

August 10 in South Africa is National Women's Day. It is wonderful to have a day dedicated to the celebration of role of women in society: celebrating what we have achieved globally regardless of diverse cultures or religious background and acknowledging what many women have endured and continue to endure. We are very grateful to the many brave women who, frequently against great odds, have stood-up for equality, universal suffrage and a better life for all women, particularly those who still, in this 21st century, continue to be considered "lesser beings".

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