Practice Notes

Makate v Vodacom: Intellectual property in mist of a contractual dispute

The case between Makate and Vodacom (Makate v Vodacom Ltd 2016 (4) SA 121 (CC)) is mostly categorised as a contractual dispute. The case stems from an oral agreement, for […]

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When is it not required to warn an employee of poor work performance?

It is uncommon that, an employer dismisses an employee for poor work performance without a formal notification or reasonable opportunity to improve their performance. This may, however, happen in two […]

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Does the life of a rule nisi automatically extend on postponement of return date?

This article is set to deal with the following – the status of a rule nisi order after postponement of return date without a court order dealing with the life […]

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Clearing up the confusion on evictions

By Mohammed Moolla There has recently been turmoil and confusion on how to proceed with eviction applications in respect of residential properties. The judgment of McNeil and Another v Aspeling […]

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NCA s 129(1)(a) notice – a practical perspective on the interpretative challenge

The National Credit Act 34 of 2005 (NCA) in modern South Africa, has been the focus of many legal cases, mostly dealing with the interpretation of its meaning, one of […]

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The limited purview of the Contingency Fees Act

By Terrence Davis This article expounds on the limited purview of the Contingency Fees Act 66 of 1997 (the Act). This Act has been used incorrectly by certain legal practitioners […]

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Repetition in order to support a reasonable apprehension of harassment in the Domestic Violence and Protection from Harassment Acts

By Leon Ernest Rousseau The Domestic Violence Act 116 of 1998 and the Protection from Harassment Act 17 of 2011 each essentially, in respect of harassment, require that the conduct […]

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Which rules apply? Some further notes on maintenance of common property at sectional title schemes

By Tertius Maree I refer to the article by Brian Agar ‘Maintenance of common property in sectional title schemes’ 2018 (Oct) DR 19. I must firstly agree with Mr Agar […]

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International problem of expatriate Chinese with more than one child

By Neels Coertse I am mindful of the decision in the then Transvaal Provincial Division in the matter between Fang v Refugee Appeal Board and Others 2007 (2) SA 447 […]

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Court bundles – how to prepare them properly

By Amarentiea Pienaar The purpose of this article is not to list specific examples of different court bundles and their indexes, but to list general guidelines on how to prepare […]

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