Practice Notes

Maintenance of common property in sectional title schemes

By Brian Agar This article takes a critical look at recent legislation regarding the maintenance of common property in sectional title schemes. It draws attention to some faults and offers […]

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The right to fair refugee status determination procedures

By Lesirela Letsebe The Constitution grants everyone the right to human dignity, life and freedom and security of the person under ss 10, 11 and 12(1). The protections under s […]

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Prescription of claims based on bill of costs

By Regomoditswe Confort Marakalla This article discusses the law relating to the taxation of a bill of costs. In particular, it reflects on whether or not a successful party’s claim […]

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Diplomatic law: Legal proceedings against a foreign diplomat in a South African court

By Riaan de Jager In a previous article, I examined the purpose of immunity, the difference between state immunity and diplomatic immunity, identified the different types of immunity, as well […]

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Income tax understatement penalties: A different view?

By Alan Lewis In the recent matter of  Mr A and XYZ CC v The Commissioner of the South African Revenue Service (KZD) (unreported case no IT13725 and VAT1426, and […]

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Search warrants: What do the courts require?

By Louis Radyn The powers with regard to the entering and searching of a premises and the seizure and forfeiture of property are mainly dealt with in s 21 of […]

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Is it lawful for an employer to institute two or more disciplinary inquiries against an employee that run parallel to each other?

By Thapelo Kharametsane Our law seems to be silent on whether or not an employer can lawfully and/or fairly institute two or more disciplinary inquiries against an employee that run […]

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Maintenance Act: May the prosecution decline to prosecute a s 31(1) matter?

By Marlene Lamprecht Section 31(1) of the Maintenance Act 99 of 1998 creates the offence of failing to make payment in accordance with a maintenance order. Section 31(1) states: ‘Subject […]

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Litigation costs in constitutional matters

By Luyolo Ntikinca and Sihlulelwe Reward Nxumalo The Constitution makes provision for a Bill of Rights. The Bill of Rights is the cornerstone of democracy in South Africa (SA). It […]

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The need to use reliable independent third-party sources during customer identification and verification within the risk-based approach system

By Nkateko Nkhwashu The Financial Intelligence Centre Amendment Act 1 of 2017 (the Amendment Act) introduces a risk-based approach (RBA) to customer identification and verification (or Customer Due Diligence as […]

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