Feature Articles

I do, I do, I also do: Equal right to matrimonial property

By Ndalama Maliseha and Keneilwe Radebe A rather overdue advancement of women’s right to property ownership took place during women’s month at the Limpopo Local Division of the High Court […]

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Limiting the scope of the moratorium in business rescue: Ejectment of unlawful occupier of a leased property

By Ryan Smith Section 133 of the Companies Act 71 of 2008 (the Act) makes provision for a moratorium on legal proceedings and enforcement action against a company, or in […]

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Regional court to district court: Horizontal and vertical application

By Dr James Lekhuleni Section 35 of the Magistrates’ Courts Act 32 of 1944 (the Act) regulates the transfer of matters from one magistrate’s court to another. A transfer of […]

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Rooted in patriarchy: Delictual claims in adultery cases

By Tsogo Rampolokeng The impact of adultery is like being hit with a huge brick. In township lingo it is said, ‘goshapiwa ka setena’, translated to mean ‘to be hit […]

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Demanding your interest – a new era for sectional titles

By Tertius Maree A new era for sectional title schemes, in fact for ‘community schemes’ was introduced on 7 October 2016 with the publication (GN R1231 GG40335/7-10-2016) of the regulations […]

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More clarity on pro bono under Legal Practice Act

By Erica Emdon This article looks at whether the provisions relating to community services contained in s 29 of the Legal Practice Act 28 of 2014 (the LPA) have addressed […]

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Time heals all wounds – the law of Prescription in medical negligence

By Lekwalo Jones Ditsela The purpose of the Prescription Act 68 of 1969 (the Act) is to bring about certainty and finality to disputes. The purpose of the Act is […]

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Letting time fly … common law and the waiver of prescription

By Johan van der Merwe Most textbooks conclude that the waiver of prescription (in the form of an undertaking or term of an agreement not to raise the defence of […]

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Flying into new heights – damages claims arising from contraventions of the Competition Act

By Malcolm Ratz The Competition Tribunal and Competition Appeal Court have exclusive jurisdiction to adjudicate whether conduct is in contravention of the provisions of the Competition Act 89 of 1998. […]

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Pension interest – is there a need to plead a claim?

By Clement Marumoagae This article addresses the topic on which I have received various requests from magistrates, attorneys and advocates to provide legal opinions on several occasions. The question is: […]

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