Practice Notes

Genericide: Could you be at risk of losing your trade mark?

Most of us use words such as Escalator, Flip Phone, Laundromat, and Sellotape as part of our daily vocabulary. What may come as a bit of a shock is that […]

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Administration and winding-up of a deceased estate

The administration of deceased estates is governed by the Administration of Estates Act 66 of 1965 (the Act). On the death of a person, the surviving spouse or nearest relative […]

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Can a car sold under finance, or a suspensive condition be attached and sold in execution by a Sheriff?

One of the primary duties of a Sheriff is to attach and sell in execution, property of a judgment debtor in accordance with a court order granted against the latter. […]

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The Act, the firms, and the Information Regulator: How s 57 of POPIA impedes legal practice

The Protection of Personal Information Act 4 of 2013 (POPIA) came into effect on 1 July 2020, with a one-year grace period, following much anticipation. Its commencement brought a frenzy […]

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Building solid foundations: The legal understanding of a ‘home’

According to the classic adage, ‘home is where the heart is’, however, the legal standard for determining whether a structure constitutes a ‘home’ is, thankfully, somewhat more sophisticated. It is […]

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Commissioning of oaths in the 21st century

In the recent High Court judgment of Knuttel NO and Others v Shana and Others (GJ) (unreported case no 38683/2020, 27-8-2021) (Katzew AJ), the court had to decide whether the […]

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Controversial new test for ‘ordinary course of business’

The Consumer Protection Act 68 of 2008 (CPA) provides a wide range of protections to consumers. It has a particularly complex set of legal rules, which determine when the Act […]

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Sanity now prevails in the B-BBEE landscape

The Department of Trade, Industry and Competition (DTIC) recently published Practice Note 1 of 2021: Rules for Discretionary Collective Enterprises, together with an explanatory memorandum (GN428 GG44591/18-5-2021). This Practice Note […]

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Zero rated contracts in South Africa

This article evaluates how South African law addresses the circumstances where employers do not prescribe hours, which their employees are expected to work and exercise their discretion as to when […]

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Dissolving an unregistered Customary Marriage

After the conclusion of the customary marriage, it is likely that the parties in a customary marriage do not register their marriage as it could take weeks, months, or years, […]

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