Practice Notes

NCA s 129(1)(a) notice – a practical perspective on the interpretative challenge

The National Credit Act 34 of 2005 (NCA) in modern South Africa, has been the focus of many legal cases, mostly dealing with the interpretation of its meaning, one of […]

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The limited purview of the Contingency Fees Act

By Terrence Davis This article expounds on the limited purview of the Contingency Fees Act 66 of 1997 (the Act). This Act has been used incorrectly by certain legal practitioners […]

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Repetition in order to support a reasonable apprehension of harassment in the Domestic Violence and Protection from Harassment Acts

By Leon Ernest Rousseau The Domestic Violence Act 116 of 1998 and the Protection from Harassment Act 17 of 2011 each essentially, in respect of harassment, require that the conduct […]

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Which rules apply? Some further notes on maintenance of common property at sectional title schemes

By Tertius Maree I refer to the article by Brian Agar ‘Maintenance of common property in sectional title schemes’ 2018 (Oct) DR 19. I must firstly agree with Mr Agar […]

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International problem of expatriate Chinese with more than one child

By Neels Coertse I am mindful of the decision in the then Transvaal Provincial Division in the matter between Fang v Refugee Appeal Board and Others 2007 (2) SA 447 […]

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Court bundles – how to prepare them properly

By Amarentiea Pienaar The purpose of this article is not to list specific examples of different court bundles and their indexes, but to list general guidelines on how to prepare […]

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Is the secondary role of the NCA preventing a South African financial crisis?

By Munozovepi Gwata In 2008 the world was shocked by what was considered by many, as the worst economic crisis since the Great Depression. The 2008 economic crisis was detrimental […]

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The deductibility of front-end fees

By Pranith Mehta Front-end fees are not defined in the Income Tax Act 58 of 1962 (the Act), however, it is ordinarily construed as a fee payable to the lender […]

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Maintenance of common property in sectional title schemes

By Brian Agar This article takes a critical look at recent legislation regarding the maintenance of common property in sectional title schemes. It draws attention to some faults and offers […]

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The right to fair refugee status determination procedures

By Lesirela Letsebe The Constitution grants everyone the right to human dignity, life and freedom and security of the person under ss 10, 11 and 12(1). The protections under s […]

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