Opinions

To admit or not: Case comment of Ex Parte Galela

On 1 November 2023, the Legal Practice Council (LPC) celebrated five years of its existence since the coming into effect of the Legal Practice Act 28 of 2014. It was […]

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Ethics: A losing battle against national and global storms

By Krish Govender The SA context The legal profession in South Africa (SA), especially after our freedom in 1994, has a duty to protect and advance the principles and values […]

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The costs order remedy in terms of s 342A(3) of the Criminal Procedure Act and the need for it to come into effect

It goes without saying that the South African criminal justice system has been saddled with delays for a long time. To curb these delays, the legislature, in 1997 enacted s […]

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Do the community service regulations go far enough or are poor people losing out?

The Department of Justice and Constitutional Development published a notice on 11 August 2023 on the rendering of community service by candidate legal practitioners and legal practitioners (Legal Practice Act […]

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The need to integrate psychology literature into undergraduate law school curricula: Preparing law students for the psychological impact of legal practice

As a candidate legal practitioner, after hearing from several colleagues in the legal profession about the mental health challenges they encounter in practice, I was inspired to write this article, […]

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The questionable justifiability in the utility of statutory suspension of third-party claims during business rescue proceedings in South Africa

A company is temporarily exempt from legal proceedings (civil proceedings) during business rescue proceedings (s 133(1) of the Companies Act 71 of 2008 (the Act)). That is so because if […]

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Possible alternative legislative provisions that might assist during the enforcement of maintenance orders

Section 26(1)(a) of the Maintenance Act 99 of 1998 provides that whenever any person against whom any maintenance order has been made has failed to make any particular payment in […]

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Academic record and certificate retention for outstanding fees: A national shame

By Sabelo Bongani Ndlovu The practice of withholding certificates as an inducement to settle student debt is a thorny topic. We are all aware of the crisis; let us not […]

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Fast Low-Cost Arbitration

By Judge Ezra Goldstein The arbitration agreement reads: ‘The parties appoint A as arbitrator to decide the dispute arising out of the sale of X’s property in Waverley, Johannesburg to […]

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What must a guilty plea entail?

By Phindile Raymond Msaule A guilty plea is meant to obviate the need for the state to adduce evidence to prove the guilt of the accused. The accused accepts that […]

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