Archive 2022

Do you have the appetite, expertise, and resources to pursue your mandates expeditiously?

Many of the professional indemnity (PI) claims notified to the Legal Practitioners Indemnity Insurance Fund NPC (the LPIIF) arise from circumstances where the legal practitioners concerned did not attend to […]

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Can an artificial intelligence system be classified as an inventor?

It is not uncommon to see a robotic cleaner mopping the floor when landing or transiting through Changi airport in Singapore. These robots have been programmed to actively look for […]

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Has the court’s jurisdiction in community scheme matters been ousted by the Community Schemes Ombud Service?

By Lisa Mills The vexed question of concurrent jurisdiction frequently arises, whether it be concurrent jurisdiction of two different courts, or the jurisdiction of special bodies created by statute and […]

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Determining what ‘in the presence’ means for the virtual commissioning of oaths

  By Danielle Hugo One of the challenges that had to be overcome within the legal arena – following the disruption caused by the COVID-19 pandemic – was that of […]

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Is the divorce court’s discretion to transfer assets as per the Divorce Act unconstitutional?

In G v Minister of Home Affairs and Others (Pretoria Attorneys Association as Amicus Curiae) [2022] 3 All SA 58 (GP), s 7(3) of the Divorce Act 70 of 1979 […]

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Child offenders and the rationale behind different sentencing considerations

  The commission of serious violent crimes such as rape, robbery and murder seem to be the order of the day in South Africa. Quite distressingly, many of the perpetrators […]

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The Law Reports – November 2022

September 2022 (5) South African Law Reports (pp 1 – 321); September 2022 (2) South African Criminal Law Reports (pp 233 – 347) This column discusses judgments as and when […]

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It is for a good reason that the legal profession has strict ethical rules to prevent malfeasance

The South African Legal Practice Council v Teffo (GP) (unreported case no 10991/21, 16-9-2022) (Bokako AJ) The Gauteng Division of the High Court has struck controversial legal practitioner Malesela Daniel […]

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Enforceability of warranties and indemnification in sale of business contracts

EBS International (Pty) Ltd and Another v Wright (WCC) (unreported case no 19128/2020, 9-5-2022) (Wille J) It is often prudent that in any agreement, particularly sale of business transactions that […]

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What constitutes a sufficient trigger for the National Credit Regulator to initiate complaints into alleged contraventions of the National Credit Act?

National Credit Regulator v Dacqup Finances CC t/a ABC Financial Services – Pinetown and Another (SCA) (unreported case no 382/21, 24-6-2022) (Nicholls JA (Makgoka and Gorven JJA and Phatshoane and […]

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