Practice Notes

Obligation of the RAF to pay interest on arrear capital and costs payments

‘No interest calculated on the amount of any compensation which a court awards to any third party by virtue of the provisions of subsection (1) shall be payable unless 14 […]

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Actual innocence: A critical analysis of s 327 of the Criminal Procedure Act and recommendations for improved implementation in South Africa

By Marvin De Vos The generally accepted legal position in the Republic of South Africa is that in any criminal court matter where an accused person is charged, adjudicated, convicted, […]

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Does the LRA discourage the use of interest arbitrations as a dispute resolution mechanism in essential services?

The South African Constitution guarantees workers the right to strike. However, lengthy and often violent strikes have long been a cause of concern, due to their disruptive effect on the […]

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Claiming compensation for injuries sustained in a ski accident in France

Nestled within Europe’s iconic mountain ranges, France stands as a global magnet for ski enthusiasts, offering an enchanting blend of world-class slopes, luxurious resorts, and rich cultural heritage. From the […]

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The effectiveness of a structural interdict in eviction applications

Evictions in our country are a contentious issue, which are largely exacerbated by socio-economic and political discrepancies. After more than 30 years of democracy, the state has failed and/or neglected […]

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Section 23 of the Children’s Act – assignment of contact and care to interested person by order of court

By Kobus Brits Section 23 of the Children’s Act 38 of 2005 provides for the: ‘Assignment of contact and care to interested person by order of court – (1) Any […]

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The meaning of ‘home’ in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998

The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) is a piece of legislation that was promulgated to give effect to s […]

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The Recognition of Customary Marriages Act 120 of 1998: A review of its implications for same-sex couples

The article is aimed at ensuring equal treatment and protection of homosexual individuals who wish to marry within the Recognition of Customary Marriages Act 120 of 1998 (Recognition Act). It […]

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Liability for ‘wrongful pregnancy’ in medical malpractice: What are the boni mores of the community?

What do you do when you have made the decision to no longer have children, but the medical procedure to ensure that either fails or did not take place at […]

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Status of Muslim marriages: A conveyancer’s perspective

Politicians and the Minister of Home Affairs are to be commended for their efforts to have Muslim marriages recognised. However, their sometimes-excessive enthusiasm has occasionally turned the matter into a […]

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