Case Notes

Candidate legal practitioner succeeds in case against regulator on cession of PVT contract

Matlhwana v South African Legal Practice Council and Others (GP) (unreported case no 051162/2024, 15-5-2024) (Millar J) The Gauteng Division of the High Court in Pretoria found the decision by […]

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Commissioning of oaths in the 21st century: Part 2

LexisNexis South Africa (Pty) Ltd v Minister of Justice and Correctional Services (GP) (unreported case no 2023-010096) (Swanepoel J) The matter of LexisNexis South Africa (Pty) Ltd v Minister of […]

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The taxing master acts in a quasi-judicial role and cannot be equated to that of a judge

Fenyane v Ndengane and Others (GJ) (unreported case no 19397/2022, 11-3-2024) (Dosio J) In the matter of Fenyane, the Gauteng Local Division High Court in Johannesburg, dealt with an application […]

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Ending corporal punishment in schools – implementing a Constitutional Court order 24 years later

Centre for Child Law and Others v South African Council for Educators and Others (SCA) (unreported case no 1289/2022, 8-4-2024) (Tolmay AJA (Nicholls, Mbatha and Mothle JJA and Mbhele AJA […]

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The well-being of the primary caregiver of a child, as a child’s right

MH v OT 2023 (3) SA 159 (WCC) In the case of MH v OT, the High Court made it clear that the child’s right to live in a happy […]

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Employment law update – Is awarding reinstatement discretionary?

In Pinn v CCI Call Centre (Pty) Ltd and Others [2024] 4 BLLR 422 (LC), the employee referred an unfair dismissal dispute against CCI Call Centre (the company). After having […]

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Ask permission for additional employment and resist the temptation of the moon light

Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (2024) 45 ILJ 369 (LC) Recently, the Acting Miss Vilakazi (the employee) commenced her employment at the University of the […]

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Full court affirms legal practitioners’ exclusive rights in taxations of bills of costs

JJVR v Taxing Master, High Court of South Africa (Western Cape Division) and Another (Horowitz and  South African Legal Practice Council as intervening parties) [2024] 1 All SA 178 (WCC) […]

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The importance of clarity and precision in trust deeds and wills: Avoiding future disputes through effective drafting

Schoonhoven NO and Others v Schoonhoven and Others [2024] JOL 63272 (KZP) The High Court in KwaZulu-Natal Division of the High Court, Pietermaritzburg recently dealt with a complex legal matter […]

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Has the plaintiff made a case on a balance of probabilities, for its claim against the defendant?

Sibuyi NO obo MMG v Road Accident Fund (NWM) (unreported case no RAF 68/2022, 27-3-2024) (Mfenyana J) A mother approached the North West Division of High Court in claiming for […]

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