Jurisprudence

The art of balance: Navigating stare decisis and the temptation to intervene unnecessarily

Laing J in Cook v S (ECG) (unreported case no CA&R 141/2021, 22-2-2022) (Laing J) quotes E du Toit in Commentary on the Criminal Procedure Act (Cape Town: Juta 2021) […]

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Late notice of intention to defend declared an abuse of court process

Nathram v Road Accident Fund (GP) (unreported case no 46876/2020, 26-4-2024) (Davis J) The Road Accident Fund (RAF) has over the years proved not to be collegial and an easy […]

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Presidential immunity: Trump v United States – a comparative discussion in respect of the application of presidential immunity in the South African legal justice system

By Marvin De Vos The South African Constitution does not directly discuss presidential immunity from criminal or civil prosecution. This question is best understood with reference to the United States’ […]

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Maintaining judicial boundaries: The importance of adhering to the issues in pleadings

The Supreme Court of Appeal in National Director of Public Prosecutions v Zuma 2009 (2) SA 277 (SCA); 2009 (1) SACR 361 (SCA); 2009 (4) BCLR 393 (SCA); [2009] 2 […]

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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 […]

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High Court set aside conviction and sentence of a man represented by a candidate attorney due to not having a fair trial

Aziz v Director of Public Prosecutions and Others (GJ) (unreported case no 2023/012763, 12-1-2024) (Sidwell AJ) The Gauteng Local Division of the High Court in Johannesburg ordered an immediate release […]

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BRICS Legal Forum Gallery 8 and 9 December 2023

The BRICS Legal Forum serves as an open, permanent platform for legal cooperation and professional exchange of ideas between lawyers of the BRICS countries as well as the promotion of […]

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The inherent power of the High Court, the Supreme Court of Appeal and the Constitutional Court is limited

The Constitution in terms of s 173 confers inherent powers on the High Court, the Supreme Court of Appeal (SCA) and the Constitutional Court (CC) to protect and regulate their […]

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Duty to sustain the dignity of our courts

By Sipho Maphumulo Legal practitioners have a duty to protect the dignity of the courts by advancing the interests of justice, observing the law, and maintaining the ethical standards of […]

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What are the consequences of withdrawing a pre-trial admission during cross-examination at a trial?

It has been well-established that admissions of allegations made in pleadings and at a pre-trial conference can only be withdrawn by the party who made such an admission if it […]

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