The Supreme Court of Appeal’s (SCA) ruling in Minister of Police v Miya (SCA) (unreported case no 1250/2022, 6-5-2024) (Mokgohloa, Meyer and Kgoele JJA and Baartman and Bloem AJJA) has […]
Read moreThe 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 […]
Read moreThe 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 […]
Read moreThe 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 […]
Read moreThe 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 […]
Read moreThere 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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