Practice Notes

Simultaneous or separate: A relook at Absa v Mokebe and the provision for hearing monetary judgment and executability applications simultaneously or separately

The execution process in South Africa (SA) has always followed five simple steps, namely – sending a letter of demand; serving a summons; granting a monetary court order; obtaining a […]

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What happens to a permanent replacement employee when the dismissed employee wins their case of unfair dismissal against the employer?

It is not unusual when an employee has been dismissed and the employee is still challenging such a dismissal through the relevant fora that the employer then fills the vacancy. […]

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Business rescue proceedings – the other side of the coin

In the uncertain economic times that South Africa (SA) is facing, combined with the financial strain that the worldwide COVID-19 pandemic is placing on most businesses, business rescue will unfortunately […]

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How will COVID-19 impact the buying and/or selling of property?

Following the announcement by President Cyril Ramaphosa on 23 March of a 21-day nationwide lockdown and then the announcement of the extension of that lockdown due to the COVID-19 pandemic, […]

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The duty of support in the context of a permanent universal partnership

There is often a duty of support between partners in relationships that are recognised by South African legislation, but can this legally protected duty of support exist in other relationships, […]

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A fly in the ointment: The headaches caused by s 59(3) of the Medical Schemes Act

It is often stated that the medical aid industry is prone to abuse by members and health practitioners because payments for services rendered are made in good faith. In recent […]

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The Madrid High Court of Justice found that Glovo’s gig (contract) workers are not independent contractors but employees

The Madrid High Court of Justice found that riders (drivers) of Glovo – a Spanish on-demand courier service that purchases, collects and delivers products ordered by consumers through its mobile […]

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A victory for parents and children – the commencement of the amendments to the Basic Conditions of Employment Act

Prior to the amendments to the Basic Conditions of Employment Act 75 of 1997 (BCEA), an employee, who did not qualify for maternity leave was only entitled to three days […]

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Using a risk-based approach to combat money laundering and terrorist financing

By the Financial Intelligence Centre As accountable institutions listed in sch 1 of the Financial Intelligence Centre Act 38 of 2001 (FIC Act), legal practitioners are required to apply a […]

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A consideration of r 46A(9) and the setting of court set reserve prices for sales in execution

By Ciresh Singh Over the years there has been much concern about the lack of governance surrounding the sale in execution process. Several courts and academics have expressed concern that […]

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