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Feature Articles

Changes in the NCA and the interpretation of the reinstatement mechanism

By Arno Duvenhage The judgment of the Constitutional Court (CC) in Nkata v FirstRand Bank Ltd 2016 (4) SA 257 (CC) resulted in a paradigm shift within the legal fraternity […]

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Holding delinquent directors personally liable

By Emile Myburgh One of the fears expressed on the new Companies Act 71 of 2008 (the new Act), before it entered into force on 1 May 2011, was about […]

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A cautionary tale about the purchase of trust property by trustees

By Edrick Roux and Lucinda Horn We have all heard the age old adage that opportunity only knocks once, which at face value seems like encouragement to pursue an opportunity […]

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An unspooled tape – copyright law in need of fixing

By Jenalee Harrison Copyright law in many countries has been used to limit parallel importation of goods into a country without the express permission of the copyright owner. These imports […]

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The voetstoots clause – should latent defects be disclosed in property sales?

By Madeleine Truter Many disputes have arisen from the fact that purchasers and sellers of property do not understand what the voetstoots clause means. The term voetstoots is a Dutch word, […]

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Is it still necessary to obtain a court order against a fund? A rebuttal

By Naleen Jeram The payment of pension interest benefits to non-member spouses on the dissolution of a marriage has been the subject of intense debate and has recently received judicial […]

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Enforceable orders against retirement funds after divorce: A rejoinder

By Clement Marumoagae In the article ‘Pension interest – is there a need to plead a claim?’ (2017 (Jan/Feb) DR 38), I argued that in Ndaba v Ndaba [2017] 1 […]

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Who is responsible for mishaps in the operating theatre at a private hospital?

By Dr Henry Lerm Picture the typical set-up in an operating theatre in the eighteenth century. There, he was, the lone medical man, scalpel in hand, hunched over the patient […]

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When constitutional guarantees meet reality in health care

By Wihann Joubert No other consumer/provider relationship in South Africa (SA) starts off on a more unbalanced level as the relationship between the consumer of health services and the provider […]

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Vicarious liability: Easy to understand, difficult to adjudicate

By Leslie Kobrin It is a well-known principle in South African law that an employer is vicariously liable for the negligent act of his or her employee or agent, when […]

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