Practice Notes

Default judgment

By Mohammed Moolla Default judgment is a judgment entered against a party who has failed to defend a claim that has been brought by another party. Where the defendant fails […]

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Notarial Practice 2016 Syllabus

The examiners expect candidates to be able to draft various documents with reasonable competence, to satisfy themselves that the candidates have the necessary knowledge of the legal principles underlying the […]

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Non-profit companies and public companies: There are no longer ‘late proxies’

By Hennie Welgemoed In the matter between R du Plessis Barry v Clearwater Estates NPC and Others (GP) (unreported case no 82306/2014, 13-11-2015) (Van der Westhuizen, AJ), it was decided […]

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Legal forensic education: Crossing the divide between law and science

By Dr Tapiwa Shumba In an adversarial system such as ours, the administration of justice relies heavily on the acumen and knowledge of legal representatives. This insight is dependent on […]

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Step-by-step guide to mediation in the magistrate’s court

By Caitlin Askew The magistrates’ courts are currently over-flowing with cases. Various disputes are brought before the courts on a daily basis. Attempts to get a trial date or a […]

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Bad practice continues: Who must administer an oath in criminal proceedings?

By Ronald Rikhotso Despite the provisions of s 162(1) of the Criminal Procedure Act 51 of 1977 (the CPA), supported by precedents of decided cases, the practice of allowing court […]

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The Attorneys’ Admission Examination 2016 Syllabus

In this examination candidates must have a sound knowledge of substantive law and be able to apply it regarding matters covered by this syllabus. 2016 examination dates 9 and 10 […]

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Trustees: Do these seven things diligently

By Sisteen Geyser A practical approach to trusteeship In light of the recent Davis Tax Committee’s first interim report on estate duty and the Draft Taxation Laws Amendment Bill 2015, […]

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The lazy man’s suretyship: Are unlimited debts of limited application?

By Robert dos Santos Due to the extensive use of suretyship agreements within South Africa, certain terms have become standardised through years of repeated application. It is questionable, however, whether […]

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The new sectional title legislation – some noteworthy features of the ‘tricky trio’

By Tertius Maree When the Sectional Titles Act 66 of 1971 came into effect, South African law had, for the first time, recognised the concept of ‘vertical ownership’ of land, […]

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