Feature Articles

What are the consequences of withdrawing a pre-trial admission during cross-examination at a trial?

It has been well-established that admissions of allegations made in pleadings and at a pre-trial conference can only be withdrawn by the party who made such an admission if it […]

Read more

Can you trust the trustees? Exploring the regulations required to prevent breaches in fiduciary duties

According to s 1 of the Trust Property Control Act 57 of 1988, a ‘trust’ means ‘the arrangement through which the ownership in property of one person is by virtue […]

Read more

Rescuing the director – can the business judgment rule be at your rescue?

By Karabo Sekailwe Orekeng The business judgment rule (the rule) is a defence mechanism found in s 76 of the Companies Act 71 of 2008 (the Act). The rule can […]

Read more

Promoting gender equality in the legal profession is essential

By Kgomotso Ramotsho Legal administrator Busisiwe Beverly Zwane, was born in Pretoria, and grew up in Dennilton and Witbank. Ms Zwane attended Hoërskool Patriot and after completing matric, she proceeded […]

Read more

Bail application: Are there exceptional circumstances?

When a person has been arrested with or without a warrant in terms of s 50(1)(a) of the Criminal Procedure Act 51 of 1977, they shall be informed of their […]

Read more

The Kapa case: A landmark ruling redefining the admissibility of hearsay evidence in criminal trials

The Constitutional Court (CC) judgment in Kapa v S 2023 (4) BCLR 370 (CC) handed down on 24 January 2023 marked a ground-breaking departure from the approach and treatment of […]

Read more

Is the Road Accident Fund an inheritas damnosa?

The Report of the Road Accident Fund Commission, 2002 commented on the Road Accident Fund (RAF) as follows: ‘39.1.1.7 … The RAF continues to experience difficulty with its restructuring as […]

Read more

Rule 43 and Muslim divorces: Can relief be granted if the marriage was dissolved by Sharia law?

By Prof Fareed Moosa Rule 43 of the Uniform Rules of Court was promulgated in GN R48 GG999/12-1-1965 and has largely remained untouched. In S v S and Another 2019 […]

Read more

A legal profession where rules are not only read in books, but are practised and adhered to

Shandukani Mudau is a 28-year-old candidate legal practitioner and former President of the Black Lawyers Association Student Chapter National Executive Committee (BLA-SC NEC). Ms Mudau was born in Vyeboom village […]

Read more

Progressive legal education for candidate legal practitioners: What role should universities play?

  This article discusses the role of both law teachers and legal practitioners in the provision of legal education in South Africa (SA). Legal education has narrowly been viewed through […]

Read more
X