Feature Articles

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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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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