Archive 2015

Dispossessed and unimpressed: The mandament van spolie remedy

By Valentine Mhungu Mandament van spolie (spoliation) is an old common law remedy commonly used by a person who has been dispossessed of goods without following due legal procedure. This […]

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Know the rules! Understanding the correct interpretation of r 34 of the uniform rules of court

By Francois Robert van Zyl The Road Accident Fund (RAF) is a public entity established in terms of the Road Accident Fund Act 56 of 1996 (the Act) as amended, […]

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The law reports

August 2015 (4) South African Law Reports (pp 329 – 643); [2015] 3 All South African Law Reports July no 1 (pp 1 – 129) and no 2 (pp 131 […]

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Pain and no gain – should there be compensation for innocent spouses against third parties? DE v RH (CC) (unreported case no 182/14, 19-6-2015) (Madlanga J)

By Devon Jenkins This story is by no means unique: High School friends become lovers, get married, have children and portray the picturesque middle-class suburban family… until one spouse steps […]

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Constitutional Court in Mhlongo v S; Nkosi v S (CC) (unreported case no 148/14, 149/14, 25-6-2015) (Theron AJ) restores common law position existed before Ndhlovu and Others v S [2002] 3 All SA 760 (SCA)

By Ananias Tshabalala The Constitutional Court (CC) has restored the common law position that extra-curial statements against co-accused are inadmissible. The court held that admitting extra-curial admissions against a co-accused […]

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The invalidity of a taxpayer’s objection

By Alan Lewis This article, will consider the legal basis on which the South African Revenue Service (Sars) may declare an objection to be invalid and identify the remedies, which […]

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New legislation published from 3 – 31 August 2015

                    BILLS INTRODUCED Criminal Matters Amendment Bill B20 of 2015. Public Service Commission Amendment Bill B21 of 2015. Refugees Amendment Bill […]

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Employment law update

                    Can a party be joined to proceedings after conciliation? In Kunyuza and Another v Ace Wholesalers (Pty) Ltd and Others […]

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Recent articles and research

By Meryl Federl Please note that the below abbreviations are to be found in italics at the end of the title of articles and are there to give reference to […]

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The use of emolument attachment orders, jurisdiction and forum shopping under the spotlight

By Bouwer van Niekerk Much has been written in the press and elsewhere about the recent judgment of University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice […]

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