Practice Notes

Irrationality on consent or transfer on changing courts or jurisdiction as set out in the Magistrates’ Court Act

The principle of equality does not require everyone to be treated the same, but simply that people in the same position should be treated the same. The government may, for […]

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Failure to recognise equal status between customary and civil marriages

Before South Africa (SA) became a democratic country and during the Apartheid era, marriages of indigenous African people were concluded in accordance with indigenous African customs, and were not recognised […]

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The old is gone embrace the new

The coming into effect of the Legal Practice Act 28 of 2014 (LPA) has brought along necessary changes in governing legal practitioners and harmonising the profession. However, the scope of […]

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Sars disputes – receiving an assessment is not the end of the road

Many taxpayers have now heeded the South African Revenue Service’s (Sars’) call to submit their 2020 tax returns, and some have received automatic assessments as a part of Sars’ new […]

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Data privacy laws in South Africa

By Peter Desmond In this information age, customer data is an important resource for any organisation. Due to the sensitive nature of personal information, organisations are required to take measures […]

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Effective handling of applications for postponement during internal disciplinary inquiries and arbitration hearings

Rule 23 of the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) deals with the procedure on how to postpone an arbitration and […]

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The legal basis of a legal practitioner’s liability for negligence in execution of mandate

An adversarial system of dispute resolution, in which the parties at dispute present their cases and a neutral factfinder attempts to resolve the dispute based on the parties’ representations, naturally […]

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Arbitration in terms of s 12B of the Petroleum Products Amendment Act

By Deon M Pool The pursuit of power. How to get it, keep it, and use it, have been central questions of politics, business, military strategy, and human relationships for […]

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Mozambique, Cabo Delgado insurgency – what does this mean for foreign investors and international lenders who have vested interests?

Mozambique with its huge mineral deposits has been the center of attention, especially for foreign investors who have an interest in investing in the African continent for the exploration and […]

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Section 40 of the Children’s Act: Parenthood by syringe or intention?

A couple in a permanent life partnership have launched an application challenging the constitutionality of s 40 of the Children’s Act 38 of 2005, as a result of their gamete […]

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