Feature Articles

A critical evaluation of the RABS Bill and the common law right to delictual claims

By Prof Hennie Klopper In April 2017 the Minister of Transport gave notice in the Government Gazette (GenN 302 GG40788/18-4-2017) of the intention to introduce the Road Accident Benefit Scheme […]

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Access denied: Spoliation as remedy to director denied access to workplace

By Nicholas Mgedeza Legal disputes are cropping up everywhere all the time. This is discernible by the many matters on our court rolls. Let me hasten to say one needs […]

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Organs of state seeking a review of own decision: A question of legality or PAJA?

By Thenjiwe Vilakazi On 14 November 2017, the Constitutional Court (CC) determined for the first time whether the Promotion of Administrative Justice Act 3 of 2000 (PAJA) applies when an […]

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Excessive pricing to the detriment of consumers

By Mfundo Ngobese The definition of ‘excessive price’ in s 1 of the Competition Act 89 of 1998, as amended (the Act), is a price that ‘bears no reasonable relation […]

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The genesis of the ‘Gupta clause’ within the financial regulatory framework of South Africa

By Nkateko Nkhwashu It is a trite principle of law in South Africa (SA) that banks are not legally compelled to give reasons for terminating relationships or closing customers’ accounts. […]

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The impasse of reserved costs – the winning party does not take it all

By Beverly Shiells There seems to be a misconception among colleagues that the winning party is ultimately entitled to all costs incurred in an action or application and that such […]

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Navigating the digital divide: Internet access a human right?

By Martin van Staden Since the inception of the ‘#DataMustFall’ movement in 2016, the notion that Internet access is a human right that must be guaranteed by government has become […]

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Reconsidering final judgments – the injustice in justice

By Ndivhuwo Ishmel Moleya It is widely accepted that there is no such thing as a perfect justice system. Court decisions are not entirely faultless, just as judges are not […]

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Renunciation of benefits from a will: Who is a ‘spouse’?

By Dr Fareed Moosa From time to time testamentary heirs renounce the benefits conferred by a testator in a last will and testament. When this occurs, s 2C(1) of the […]

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Training obligations in terms of FICA

  By Nkateko Nkhwashu The Financial Intelligence Centre Act 38 of 2001 (FICA) came into effect in 2002. FICA, among others, made provision for the training of employees of accountable […]

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