Practice Notes

Validity of mine closure plans approved prior to the introduction of the One Environmental System

Given the need to phase out fossil fuel based mining activities due to climate change related commitments the clash between the Department of Mineral Resources and Energy (DMRE) and the […]

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The untold dilemma of loss of support RAF claims in customary marriages

The Road Accident Fund (RAF) is a statutory board enacted in terms of the Road Accident Fund Act 56 of 1996. The board was established to offer compensation for any […]

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No-fault breach of lease agreement

This article is intended to deal solely with rental housing provided by the state; and where it is regulated by a lease agreement; and rent has not been paid, due […]

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Advocating for participatory democracy through protest action in contemporary South Africa

An effective exercise of democracy requires that all individuals participate in and influence decision-making processes, including political processes or matters of governance. Even if individuals choose not to form or […]

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Res ipsa loquitur as a legal maxim in motor vehicle accidents

Litigation emanating from motor vehicle accidents are common in South African courts. Be it claims for damages, claims based on personal injuries, or matters appearing in our criminal courts. This […]

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Road Accident Fund regulations reviewed and set aside

On 27 November 2023, in the matter of Skhosana v Road Accident Fund (GJ) (unreported case no 58501/2021, 27-11-2023) (Hitchings AJ), the Road Accident Fund (RAF) who had failed to […]

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Confidentiality and privacy in arbitration proceedings

The South African International Arbitration Act 15 of 2017, provides for confidentiality of arbitration proceedings. In contrast thereto, the domestic Arbitration Act 42 of 1965, contains no reference to the […]

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The transition from the Johannesburg Interbank Average Rate to the South African Rand Overnight Index Average: An update on the legal journey

In 2018, the South African Reserve Bank (SARB) formed the Market Practitioners Group (MPG) and, since then, has worked together with market participants, other regulators, and industry organisations to pursue […]

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Construction mafia impose a serious threat to South Africa

Construction mafias are currently targeting infrastructure development, business entities and construction sites by extortion (Okuhle Hlati ‘Bid for special police unit to tackle “construction mafia” welcomed’ (www.iol.co.za, accessed 2-12-2023)). The […]

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Extending the right of social insurance to migrant domestic workers in South Africa

‘Social insurance provides financial assistance for persons who have become unemployed as a result of illness, maternity, dismissal, retrenchment, occupational injury, occupational diseases and for survivors in the event of […]

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