Practice Notes

The inherent power of the High Court, the Supreme Court of Appeal and the Constitutional Court is limited

The Constitution in terms of s 173 confers inherent powers on the High Court, the Supreme Court of Appeal (SCA) and the Constitutional Court (CC) to protect and regulate their […]

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Changes to the HPCSA’s professional conduct inquiry process may improve efficiency and practitioner well-being

In June 2023, the Minister of Health, Dr Joe Phaahla, published new regulations (GN R3564 GG48838/23-6-2023), which amended the Health Professions Council of South Africa’s (HPCSA) professional conduct inquiry process. […]

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Cinderella and the ‘will’ for change: Some suggestions

We all know the fairy tale of Cinderella, who had to submit to the ill-treatment of her stepmother who had usurped her deceased father’s estate. What we do not know […]

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Unfair discrimination of ‘older person’ definition found in the Older Persons Act

The Constitution is the supreme law, and it provides protection to all those lives within the Republic (s 7 of the Constitution). Chapter 2 of the Constitution contains the Bill […]

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May the real shareholder please stand up!

On 1 April 2023, amendments to the Companies Act 71 of 2008 (the Companies Act) came into effect. One of the key amendments is in respect of s 56, which […]

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Do company policies have to be complied with?

Employers must make sure that when new policies are put into effect, they consult employees. To consult with employees is to say to them, for example, ‘I have intentions of […]

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Online litigation – preparing for the new normal

Access to justice and the courts are constitutionally entrenched rights. Rights that the legal profession assists in protecting and upholding. The COVID-19 pandemic and lockdown restrictions accelerated the technological innovation […]

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Will the right to repair guidelines affect the second-hand car market?

The right to repair guidelines came into effect on 1 July 2021 and the legal basis for these guidelines is s 79(1) of the Competition Act 89 of 1998, as […]

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Balancing freedom of expression and cyberbullying: Exploring the boundaries

Freedom of expression is a fundamental right enshrined in many constitutions worldwide, including South Africa’s (SA’s) Constitution. It is the cornerstone of democratic societies, allowing individuals to express their opinions, […]

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Unveiling the taxation of attorney and client costs in the absence of a fee agreement

In JB Scott Attorneys v Tetani (GP) (unreported case no 36381/2019, 26-5-2023) (Francis-Subbiah J), Francis-Subbiah J of the Gauteng Division of the High Court in Pretoria was seized with a […]

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