Practice area

Handling of trust money – dealing with the obligations of a trust account legal practitioner

By Rampela Mokoena The promulgation of the Legal Practice Act 28 of 2014 (the Act) and the subsequent South African Legal Practice Council Rules (the Rules) made under the authority […]

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Another six basic universal principles applicable to the conduct of a candidate legal practitioner

In a previous article ‘Five basic universal principles applicable in the conduct of a candidate attorney’ 2018 (Nov) DR 20, we looked at the first five universally applicable conduct principles. […]

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Does the life of a rule nisi automatically extend on postponement of return date?

This article is set to deal with the following – the status of a rule nisi order after postponement of return date without a court order dealing with the life […]

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Clearing up the confusion on evictions

By Mohammed Moolla There has recently been turmoil and confusion on how to proceed with eviction applications in respect of residential properties. The judgment of McNeil and Another v Aspeling […]

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Step ahead carefully – the uncertainty of unfair contracts continues

          In the case of Botha and Another v Rich NO and Others 2014 (4) SA 124 (CC) the Constitutional Court (CC) held that the exercise […]

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The High Court still has jurisdiction in labour matters

By Bayethe Maswazi Before the Constitutional Court (CC) decision in Chirwa v Transnet Limited and Others 2008 (3) BCLR 251 (CC) it was easy to determine whether the High Court […]

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Employment law update – Dismissal for incapacity

In Solidarity and Another v Armaments Corporation of South Africa (SOC) Ltd and Others [2019] 3 BLLR 248 (LAC), the South African National Defence refused to renew the employee’s security […]

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Employment law update – Audi alteram partem vis-à-vis precautionary suspension

Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CC) (unreported case no CCT61/18, 19-1-2019) (Theron J with Mogoeng CJ, Basson […]

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Domain name disputes – a discussion of SAIIPL adjudicated disputes

In light of the recent dispute of the well-publicised case of African National Congress v Unwembi Communications (ZA2018-0350, 31-1-2019), it has become abundantly clear that the alternate dispute resolution (ADR) […]

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NCA s 129(1)(a) notice – a practical perspective on the interpretative challenge

The National Credit Act 34 of 2005 (NCA) in modern South Africa, has been the focus of many legal cases, mostly dealing with the interpretation of its meaning, one of […]

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