Feature Articles

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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Unpacking the affirmative action equation from a constitutional perspective

By Gideon Tapanya South Africa (SA) has a rich history of racial divisions that affected people of colour (African, Coloured, and Indian people) at all levels of the society, be […]

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Impossible no more: The demise of the common law defence of impossibility for spoliation

By Nicholas Mgedeza Mandament van spolie (spoliation) has been the possessory remedy and inherently emanates from common law. In essence the law of spoliation has not yet been codified in […]

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In Duplum rule: Another view of Paulsen v Slip Knot

By Tertius Maree A slip knot is a simple-seeming knot, joining two rope-ends. It does not actually slip when tension is applied. The in duplum rule is a simple-seeming rule […]

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Legal practitioners fighting for constitutional democracy

By Paul Hoffman SC At the most recent KwaZulu-Natal Law Society annual general meeting the guest speaker was former President Kgalema Motlanthe. In the article, ‘Role of lawyers in a […]

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Think before you emoji

By Tshepo Confidence Mashile The history of emoji (or emojis, if you prefer; either plural form is correct) is short but interesting. In 1982, Scott Fahlman, a computer scientist at […]

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Afrikaans as hoftaal: Should it have a place? Ukuhlaziya

Afrikaans as court language: Should it have a place? An analysis By Bouwer van Niekerk Ek is gek na Afrikaans. Dit is nie net die taal waarmee ek groot geword […]

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Resolving divorce disputes through a collaborative process

By Clement Marumoagae The promulgation of the Jurisdiction of the Regional Courts Amendment Act 31 of 2008 had the effect of ‘eradicating’ Divorce Courts, which were subsumed into regional magistrate’s […]

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Real estate mediation – stop the costs before they get to court

By Craig Berg Mediation is an alternative basis for resolving disputes, and in this article, I will focus on the value and advantages of mediation in commercial and residential real […]

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The doctrine of precedent and the value of s 39(2) of the Constitution

By Bayethe Maswazi The principle of stare decisis is a juridical command to the courts to respect decision already made in a given area of the law. The practical application […]

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