Practice Notes

The Financial Services Tribunal is ready for action

The Financial Sector Regulation Act 9 of 2017 (the Act) establishes the independent Financial Services Tribunal (the Tribunal) in terms of s 219 thereof. The Tribunal replaced the Financial Services […]

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Notes on modulated legal drafting

By Muhammed Ahmed Mayat There are numerous distinct constituents to fine legal drafting, however, its singular nub is located squarely within utilitarianism’s ambit. Beneath the skilled craftsman’s calculated literary ornamentation […]

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Drafting wills – what to consider

For most people, drafting a will is a very emotional process. Not only do you have to confront the notion that you will no longer be there for your loved […]

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Precautionary suspension – right to be heard

By Christo Opperman The Constitutional Court (CC) recently held in Long v SA Breweries (Pty) Ltd and Others (2019) 40 ILJ 965 (CC) that there is no requirement to afford […]

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Foreclosure proceedings: Recent judgments provide greater certainty

  When a homeowner defaults on their home loan agreement, which is secured by a mortgage bond, the credit provider can generally seek recourse by making application for payment of […]

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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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