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Drafting tip: “any” v “in accordance with”

By Patrick Bracher (ZA) on September 2, 2014

A statute referred to termination of service “in accordance with any applicable regulations”.

It was held in Minister of Defence v SANDU that if there are no applicable regulations then there are simply no regulations that the functionary needs to follow. It does not mean that nothing can be done at all.

It would be different if the section had read “in accordance with the regulations”. Then there would need to be regulations before anything could be done.

  • Posted in:
    Financial
  • Blog:
    Financial Institutions Legal Snapshot
  • Organization:
    Norton Rose Fulbright

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