Civil procedure

Is the Road Accident Fund’s litigation in urgent need of review?

By Prof Hennie Klopper The Road Accident Fund (RAF) regularly laments its precarious financial position and has consistently blamed legal practitioners for this. One of the RAF expenses that had […]

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To prove or not to prove? Novus actus interveniens in third-party claims

Van der Merwe v RAF (GP) (unreported case no 42358/15, 16-3-2018) (Ranchod J) By Tshepo Mashile Novus actus interveniens is a Latin legal phrase, which describes an important principle in criminal […]

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Access denied: Spoliation as remedy to director denied access to workplace

By Nicholas Mgedeza Legal disputes are cropping up everywhere all the time. This is discernible by the many matters on our court rolls. Let me hasten to say one needs […]

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Don’t tease the ostrich: Considering the actio de ferris and the defence of provocation in modern South Africa

Van der Westhuizen v Burger 2018 (2) SA 87 (SCA) By Morgan Riley In the recent judgment of Van der Westhuizen v Burger 2018 (2) SA 87 (SCA), the Supreme […]

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Rescission applications and suspension of orders

  By Michael van Kerckhoven The law relating to suspension of court orders that are the subject of an application for rescission has historically been mired in confusion. Many civil […]

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Civil procedure – time for change

By Terence Matzdorff A few months ago I attended a talk on mediation by Professor Mohamed Paleker, a professor of law at the University of Cape Town. During the talk, […]

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The sub judice rule and the Oscar Pistorius case: Will the crime of contempt of court ex facie curiae become abrogated by disuse?

By Brenda Wardle Inextricably intertwined with the very fashionable concept of open justice is the question of whether contempt of court, ex facie curiae, shall now become abrogated by disuse. […]

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Is behind bars better? – Non-custodial sentencing holds the key

By Regan Jules-Macquet Non-custodial sentencing (NCS) has been on the South African statute books for decades. In ch 28, s 276, the Criminal Procedure Act 51 of 1977 permits alternatives […]

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State Liability Amendment Act – Process of attachment

By Mabitsela Elijah Ramonyai In terms of s 3 (2) of the State Liability Amendment Act 14 of 2011 (SLAA),  that came into operation on 30 August 2011, the state […]

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Civil court rules – open to abuse?

By John Price The law should be fair and the procedures to apply the law must work efficiently and inexpensively. Much attention has been given to the fairness of the […]

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