Practice Notes

A brief commentary of the Divorce Amendment Act 1 of 2024

Historically, South African law only recognised a civil marriage, generally perceived to be a ‘traditional Christian marriage’ as the only type of marriage worthy of legal recognition, to the total […]

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Are legal practitioners admitted in terms of the Legal Practice Act commissioners of oaths?

With the enactment of the Legal Practice Act 28 of 2014 (LPA), a large number of legal practitioners have been admitted as attorneys and advocates – however, some of the […]

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The nature of interim orders through a case analysis of Zweni and subsequent case law

By Simbongile Siyali and Nwabisa Sanda The question of whether interim orders are appealable is a complex one that has been subject to judicial interpretation over time. The landmark case […]

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How should a supplier afford a consumer 20 business days’ notice in terms of s 14(2)(b)(ii) of the Consumer Protection Act 68 of 2008 before cancelling an agreement?

Having a non-paying tenant vacate the leased premises sooner rather than later is the hope of every landlord. While the landlord might be impatient and not want to afford the […]

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The problem with s 10(2) of the Recognition of Customary Marriages Act 120 of 1998

Since the promulgation of the Constitution of the Republic of South Africa, 1996, our country has been declared to be a democratic state and in remedying the previous discrimination and […]

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When ‘good cause’ is not good enough: An analysis of the Companies Tribunal’s approach to AGM extensions

Transparency and shareholder engagement are two of the cornerstones of proper corporate governance. It is crucial that a company’s affairs are managed in a manner that provides for transparency, accountability […]

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How to protect an inheritance in the case of insolvency – trust your wills drafter to know the pitfalls

A testator may wish to provide in his last will and testament for the situation where a beneficiary is insolvent at the time of inheritance to prevent the inheritance from […]

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Understanding ‘grey listing’, the Financial Action Task Force and the roles of legal professionals

By Murendeni Raliphada The Financial Action Task Force (FATF) is a global institution tasked with tackling money laundering, terrorist and proliferation financing. It was founded by the Group of Seven […]

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Exploring township residential property ownership in the current legal landscape

The dynamics of property ownership in South Africa’s (SA) townships, have evolved considerably over recent years. Investment in township properties is becoming increasingly profitable and rewarding, attracting more interest from […]

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Presidential immunity: Trump v United States – a comparative discussion in respect of the application of presidential immunity in the South African legal justice system

By Marvin De Vos The South African Constitution does not directly discuss presidential immunity from criminal or civil prosecution. This question is best understood with reference to the United States’ […]

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