Civil law and procedure

Provisional sentence proceedings – tailored for liquid documentary debts

The provisional sentence procedure is an overlooked yet useful mechanism in South African procedural law. It operates from the premise that a plaintiff who proves a debt based on liquid […]

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Legally spelunking: Exploring statutory interpretation through the Speluncean Explorers case

The usage of the notion of justice has long become a concept or term within the sphere of legal systems. However, it is not that a simple ‘concept’ to be […]

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A new twist to claims for damages for a fall

The recent judgment of Lombard v McDonald’s Wingtip (GP) (unreported case no 38117/2020, 14-11-2022) (Vuma AJ), Vuma AJ considered, inter alia, whether a disclaimer clause in an establishment, which estopped […]

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What remedies do maintenance officers have against non-compliance when investigating complaints?

The two regulations that will form the crux of this article are reg 3(1) and reg 3(3) of the Maintenance Act 99 of 1998. Regulation 3(1) states: ‘A maintenance officer […]

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A discussion on the debt review process and conflicting judgments from South African courts

There have been several conflicting judgments pertaining to the debt review process. The conflicting judgments pertained to whether – a High Court has inherent jurisdiction to declare a consumer ‘no […]

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