Practice Notes

Withdrawal of an admission in a plea

By Dr Fareed Moosa A defendant may, in terms of the rules of the High and lower courts, admit a fact alleged in a combined summons or declaration. An admission […]

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Your life, your decision? The Constitution and euthanasia

By Sipho Tumelo Mdhluli The Constitution of South Africa (SA) is the supreme law of the Republic. All laws or conducts, which are inconsistent with it are invalid, and the […]

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Practitioner – love thy staff (and yourself)

By Edrick Roux The legal profession, one of the oldest professions known to man and arguably one of the most prestigious, has always been one of the stalwart guardians of […]

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A cart before the horse or the other way round?

Amendment of the schedules of the Financial Intelligence Centre Act By Nkateko Nkhwashu The Financial Action Task Force (FATF) is an independent intergovernmental body that promotes policies to protect the […]

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Does the Constitutional Court have plenary (unlimited) appeal jurisdiction?

By Derek Harms SC As editor of Harms DR Civil Procedure in the Superior Courts (Durban: LexisNexis), I was recently told by a subscriber that the publication did not consider […]

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POPI: Compliance v defiance

By Sasha Beharilal There has been a buzz around the Protection of Personal Information Act 4 of 2013 (POPI), which was promulgated in 2013, but it has not been in […]

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Rule 35(12) of the Uniform Rules: Be wary

By Mzuvukile Sirenya and Carl van Rooyen Rule 35(12) of the Uniform Rules stands alone from the other discovery provisions under r 35 in that the wording does not require […]

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Dog owners beware: Strict liability for dog attacks

By Kristen Wagner Incidences of dog attacks and dog bite injuries are on the rise in South Africa (SA). In the months of August and September, four separate dog attack […]

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Addendum to ‘Step-by-step guide to residential housing eviction proceedings in the magistrate’s court’

By Lebogang Raborife-Nchabeleng The Magistrates’ Courts Rules do not compel a procedure differing from the High Court in eviction proceedings. Theart and Another v Minnaar NO; Senekal v Winskor 174 […]

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Reckless credit – both sides of the story

By Kris Harmse One of the purposes of the National Credit Act 34 of 2005 (as amended) (the Act) as set out in its preamble, is ‘to promote responsible credit […]

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