Practice area

Effective handling of applications for postponement during internal disciplinary inquiries and arbitration hearings

Rule 23 of the Rules for the Conduct of Proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) deals with the procedure on how to postpone an arbitration and […]

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Dealing with deceased estates and maintaining their accounting records

Legal practitioners, as part of the services they may provide relate to deceased estates, either in the role as executors, administrators or as agents. In terms of the legislation that […]

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Standing up to government in public interest litigation – does it really effect change?

A mere 15 minutes’ walk from former president Jacob Zuma’s homestead in Nkandla, the Nkungumathe community has been waiting since 1996 for a new school to be built. The community […]

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Murder! Intention, premeditation, pre-planned – what does it all mean?

The consequence of the application of s 51 of the Criminal Law Amendment Act 105 of 1997 (the Act) is of crucial importance to legal practitioners, more particularly those who […]

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Unjustifiable restriction of the constitutionally entrenched right of access to courts

This article questions the justifiability of the procedural limitation imposed in terms of s 29(1) of the Magistrates’ Courts Act 32 of 1944 (the Act) with specific reference to the […]

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Withholding retirement benefits – retirement funds boards’ duty to scrutinise employers’ requests

This article discusses the role of retirement funds boards’ when employers associated with their funds request them to withhold members’ accrued retirement benefits pending the finalisation of court cases, which […]

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Parents who assault their children – the inconsistency of applying s 297(4) of the Criminal Procedure Act

People’s conduct, and the legal consequences that follow it, should be judged based on the law in force at the time. This is a basic tenet of the South African […]

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Selling property without spousal consent – what are the consequences?

It is common knowledge that spouses married in community of property need one another to co-sign agreements and legal documents due to their limited contractual capacity. Following this logic, it […]

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The Prevention of Organised Crime Act empowers the High Court to make an order of forfeiture provided that the property concerned is ‘the proceeds of unlawful activities’

Bobroff and Another v National Director of Public Prosecutions (SCA) (unreported case no 194/20, 3-5-2021) (Eksteen AJA (Ponnan, Mbha and Molemela JJA and Weiner AJA concurring)) In the Bobroff case, […]

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New legislation – June 2021

Legislation published from 1 – 30 April 2021 Commencement of Acts Marine Spatial Planning Act 16 of 2018. Commencement: 1 April 2021. Proc4 GG44383/1-4-2021 (also available in isiZulu). Customs and […]

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