Practice Notes

The sins of the fathers: Termination of supply and execution against immovable property for a prior owner’s debt

By Chantelle Gladwin and Sean Piveteau This article deals with instances when a municipality is entitled to disconnect and/or refuse to reconnect the supply of services to purchasers of properties […]

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Step-by-step guide to residential housing eviction proceedings in the magistrate’s court

By Tamara Klos In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from […]

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Biotech inventions – the impact in South Africa of recent case law in other jurisdictions

By Chyreene Truluck and Waheed Mahomed The decision of the United States (US) Supreme Court in Association for Molecular Pathology, et al. v Myriad Genetics, Inc., et al 569 U.S. […]

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Claims based on universal partnerships in divorce matters

By Magdaleen de Klerk Claims based on tacit universal partnerships are frequently encountered in divorce litigation, where the spouses were married to each other out of community of property with […]

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Understanding certain provisions of the Domestic Violence Act: A practitioner’s perspective

By Siyabonga Sibisi The Domestic Violence Act 116 of 1998 (the Act) was regarded as a step in the right direction towards acknowledging that violence against the vulnerable, especially women […]

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Default judgment

By Mohammed Moolla Default judgment is a judgment entered against a party who has failed to defend a claim that has been brought by another party. Where the defendant fails […]

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Notarial Practice 2016 Syllabus

The examiners expect candidates to be able to draft various documents with reasonable competence, to satisfy themselves that the candidates have the necessary knowledge of the legal principles underlying the […]

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Non-profit companies and public companies: There are no longer ‘late proxies’

By Hennie Welgemoed In the matter between R du Plessis Barry v Clearwater Estates NPC and Others (GP) (unreported case no 82306/2014, 13-11-2015) (Van der Westhuizen, AJ), it was decided […]

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Legal forensic education: Crossing the divide between law and science

By Dr Tapiwa Shumba In an adversarial system such as ours, the administration of justice relies heavily on the acumen and knowledge of legal representatives. This insight is dependent on […]

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Step-by-step guide to mediation in the magistrate’s court

By Caitlin Askew The magistrates’ courts are currently over-flowing with cases. Various disputes are brought before the courts on a daily basis. Attempts to get a trial date or a […]

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