Practice area

Pander to client whims at your peril

Legal practitioners may find themselves in situations where clients insist that an unsustainable case be advanced. Taking on matters where clients seek to litigate on principle, prove a point to […]

Read more

Should menopause be considered as disability in terms of the Employment Equity Act?

The South African democracy is one that is based on the values of freedom, equality, and dignity. As such, s 9 of the Constitution states that everyone has the right […]

Read more

Modernisation of land records in South Africa – a look at the Deeds Registries Amendment Bill

Since its enactment, the Deeds Registries Act 47 of 1937 has been amended numerous times through various amendment Acts that have been passed over the years. The most significant amendment […]

Read more

Navigating the community service regulations for legal practitioners: Section 29 of the Legal Practice Act

The imminent commencement of the obligation on practising and candidate legal practitioners (PLPs and CLPs) to render community service pursuant to s 29 of the Legal Practice Act 28 of […]

Read more

Driving divorce: Navigating trusts as a vehicle for matrimonial asset division

While a family trust is often created for legitimate estate planning purposes, it is so that it ‘may turn out to be a handy vehicle for “divorce planning” because transferring […]

Read more

Protecting refugees: Non-refoulement principle and the Scalabrini Centre of Cape Town case

By Mpho Titong and Sipho Manuel  Section 22(12) and (13) of the Refugees Act 130 of 1998 were presented by the Refugees Amendment Act 11 of 2017, which came into […]

Read more

Broken promises: The courts’ approach to a breach of promise to marry

By Nozipho Ndebele ‘Our courts, on the whole, do not look with much favour on the breach of promise actions, and it has been suggested that they have no place […]

Read more

Should mediation in terms of rule 41A be mandatory?

By Daniël Eloff ‘Who steals my purse steals trash. ‘Tis something, nothing; “Twas mine, ‘tis his, and has been slave to thousands. But he that filches from me my good […]

Read more

The taxing master acts in a quasi-judicial role and cannot be equated to that of a judge

Fenyane v Ndengane and Others (GJ) (unreported case no 19397/2022, 11-3-2024) (Dosio J) In the matter of Fenyane, the Gauteng Local Division High Court in Johannesburg, dealt with an application […]

Read more

Ending corporal punishment in schools – implementing a Constitutional Court order 24 years later

Centre for Child Law and Others v South African Council for Educators and Others (SCA) (unreported case no 1289/2022, 8-4-2024) (Tolmay AJA (Nicholls, Mbatha and Mothle JJA and Mbhele AJA […]

Read more
X