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WHEN IS THE LAW WHAT IT IS, AND WHEN IS IT WHAT IT OUGHT TO BE? – A TALE OF TWO JUDGMENTS

The morning of 16 May 2023 was no ordinary morning. For me, it was a busy one because I had conciliation at the office of the Labour Commissioner, but it got a lot busier when I got out to find social
media abuzz with news from the courts. I quickly found out that the Supreme Court had handed down judgment in Digashu v GRN, Seiler-Lilles v GRN (SA 7-2022 and SA 6-2022) [2023] NASC, and the . . .

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