Case Notes

Constitutional law 101: The doctrine of the separation of powers

National Director of Public Prosecutions and Others v Freedom Under Law (SCA) (unreported case no 67/14, 17-4-2014) By Kaelin Govinden One of the first things that you learn when you […]

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The SCA removes uncertainty with regard to the admissibility of extra-curial admissions by a co-accused

Litako and Others v S (SCA) (unreported case no 584/2013, 16-4-2014) By Arthur Henry Olsen The law has many areas that are unclear and require a lucid mind and analytical […]

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LSNP ordered to continue with disciplinary inquiry

Graham and Others v Law Society of the Northern Provinces and Others (GNP) (unreported case no 61790/2012, 15-4-2014) (Mothle J) By Nomfundo Manyathi-Jele In a recent decision, the North Gauteng […]

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The new approach to s 129 of the National Credit Act

Kubyana v Standard Bank of South Africa Ltd (CC) (unreported case no CCT65/13, 20-2-2014) Mhlantla AJ (Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Madlanga J […]

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University policy and national legislation against equality

Dean of the Law Faculty of the University of North West and Others v Masisi (SCA) (unreported case no 297/2013, 20-2-2014) (Navasa, Mhlantla and Petse JJA, Van Zyl and Swain […]

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Contingency fees – quo vadis

Ronald Bobroff & Partners Inc v De La Guerre; South African Association of Personal Injury Lawyers v Minister of Justice and Constitutional Development (CC) (unreported case no CCT 122/13, CCT […]

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Waiver of rights in insolvency

Kroese and Kroese (NWM) (unreported case no 145/13, 18-4-2013) (Landman J) and Hattingh and Hattingh (NWM) (unreported case no 144/13, 18-4-2013) (Landman J) By Moffat Ndou The North West High […]

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Limitations on liability in delict

Country Cloud Trading CC v MEC, Department of Infrastructure Development (SCA) (unreported case 751/12, 26-11-2013) (Brand JA) By Ian Chadwick In Country Cloud Trading CC v MEC, Department of Infrastructure […]

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Ordering the selling of motor vehicles in debt re-arrangement orders: A road not (to be) travelled?

Motor Finance Corporation (Pty) Ltd v Jan Joubert and Others (GNP) (unreported case no A629/2013, 19-8-2013) (Chetty  and Ebersohn AJJ) By Bouwer van Niekerk A potentially far-reaching decision regarding the […]

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Criminal and intentional acts versus COIDA

Twalo v The Minister of Safety and Security and Another [2009] 2 All SA 491 (E) By Justice Finger Court judgments with far-reaching effect sometimes go unnoticed for many years. […]

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