March 2021

Immunity from jurisdiction and execution enjoyed by international organisations

In three previous articles I briefly touched on the establishment and immunities of international organisations. In this article, I will examine an international organisation’s immunity from jurisdiction and execution in […]

Read more

There is an intruder on my stoep: Do defensive acts amount to vigilantism?

Violent crime statistics in South Africa (SA) are alarming, and the level of violence associated with these crimes are worrying. Property owners have resorted to fighting fire with fire against […]

Read more

Are magistrates’ courts r 58-orders appealable or reviewable?

The recent judgments confirming the constitutionality of s 16(3) of the Superior Courts Act 10 of 2013 and r 43 of the Uniform Rules of Court (and the non-appealability of […]

Read more

Practical Drafting Skills

  By Ismail Hussain SC Durban: LexisNexis 2019 1st edition R 555,45 (including VAT) 239 pages (available as e-book, hardcopy and online) This is not your traditional legal textbook. It […]

Read more

The Law Reports – March 2021

January 2021 (1) South African Law Reports (pp 1 – 323); January 2021 (1) South African Criminal Law reports (pp 1 – 120) This column discusses judgments as and when […]

Read more

Arbitration clause in a contract does not survive termination of contract as a result of fraud

Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another (SCA) (unreported case no 201/19, 29-6-2020) (Mbha JA (Navsa, Molemela, Plasket, and Nicholls JJA concurring)) Does a clause requiring […]

Read more

Advocate performing functions of an attorney found guilty of misconduct

General Council of the Bar of South Africa v Rösemann 2002 (1) SA 235 (C) In the case of Rösemann, an application was brought to the Cape Provincial Division, in […]

Read more

A victorious CC ruling on social security benefits and relief for domestic workers

Mahlangu and Another v Minister of Labour and Others (Commission for Gender Equality and another as amici curiae) 2021 (1) BCLR 1 (CC) ‘Domestic workers are the unsung heroines in […]

Read more

Career put on hold due to violation of the right to education in terms of s 29(1) of the Constitution

Moko v Acting Principal of Malusi Secondary School (CC) (unreported case no CCT297/20, 28-12-2020) (Khampepe J (Mogoeng CJ, Jafta J, Madlanga J, Majiedt J, Mathopo AJ, Mhlantla J, Theron J, […]

Read more

New legislation – March 2021

Legislation published from 5 – 29 January 2021 Commencement of Acts Political Party Funding Act 6 of 2018. Commencement: 1 April 2021. GN64 GG44125/29-1-2021. Promulgation of Acts Second Adjustments Appropriation […]

Read more
X
De Rebus