Opinions

When precedent no longer fits the present

In the world of common law, reliance on precedent and case law is foundational. Legal principles established in past cases serve as guiding lights for courts tackling similar issues. The […]

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Do we need a change in our Rules regarding default judgments in the High Court?

A default judgment is a judgment brought against a party who has failed to defend an action. Our law makes provision for a default judgment under two circumstances. Default judgment […]

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The case for personality and behavioural assessments in tertiary institutions: A preventive and screening measure

By Nokuthula Ndlovu Mental health and well-being in educational institutions has garnered much attention lately. As tertiary institutions, colleges and universities face increasing demands for academic performance, emotional resilience and […]

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Traces of the misuse of the ubuntu principle: The rights of widows overlooked

In the case of Sengadi v Tsambo; In Re: Tsambo [2019] 1 All SA 569 (GJ), the Supreme Court of Appeal made an incorrect application of the ubuntu principle, which […]

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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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