Practice area

Foreclosure proceedings: Recent judgments provide greater certainty

  When a homeowner defaults on their home loan agreement, which is secured by a mortgage bond, the credit provider can generally seek recourse by making application for payment of […]

Read more

The importance of the in-house compliance function in a law firm

This article aims, firstly, to highlight the importance of the broad compliance environment in which law firms – as business entities – operate and, secondly, to make the argument that […]

Read more

Is a creditor precluded from instituting action in common law against a deceased estate?

  The question whether the corollary effect of the claims procedure prescribed by the Administration of Estates Act 66 of 1965 (the Act) is to effectively bar a creditor from […]

Read more

Cerebral palsy and delictual compensation – is there a need for a register?

By Sarel Steel, Andre Stephan Botha and Tashvir Khalawan The quantification of damages in certain legal matters involves calculating the capitalised value, or expected present value, of a list of […]

Read more

High Court rules that the common law principle of set-off is not applicable to debts arising from credit agreements regulated by the NCA

National Credit Regulator v Standard Bank of South Africa Limited (GP) (unreported case no 44415/16, 27-6-2019) (Keightley J) On 27 June, Keightley J from the Gauteng Local Division, Johannesburg ruled […]

Read more

The death of derivative misconduct

National Union of Metalworkers of South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (CC) (unreported case no CCT202/18, 28-6-2019) (Froneman J (Mogoeng […]

Read more

Accidentally on purpose? A case study on the fine line between intentional and negligent misconduct

Drs Dietrich, Voigt and Mia (Pty) Ltd t/a Pathcare v Bennet and Others [2019] 8 BLLR 741 (LAC) Where one draws the line on what ought to be considered as […]

Read more

The interpretation and application of s 7 of the Admission of Advocates Act does not of itself alone raise a constitutional issue

General Council of the Bar of South Africa v Jiba and Others 2019 (8) BCLR 919 (CC) In the case of the General Council of the Bar of South Africa […]

Read more

Employment law update – Suspension in the context of allegations of racism

In Solidarity obo Barkhuizen v Laerskool Schweizer-Reneke and Others [2019] 7 BLLR 725 (LC), a primary school teacher was suspended after a photograph of a black child seated apart from […]

Read more

Employment law update – Bargaining Council varying the time period, as set out in the LRA, in which to refer disputes – lawful or not?

Appels v Education Labour Relations Council and Others (LAC) (unreported case no JA19/18, 10-7-2019) (Waglay JP with Jappie and Coppin JJA concurring). Section 191(1)(b)(ii) of the Labour Relations Act 66 […]

Read more