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Practice area

The price of neglect: When law practices fail their clients and candidate attorneys

When a legal practice assigned an unsupervised candidate attorney to handle a straightforward unfair dismissal case in 2020, it set in motion a cascade of professional failures that would ultimately […]

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What have the courts said about the ethical use of artificial intelligence in legal practice?

By Prof Michele van Eck Artificial intelligence (AI) can positively change the way in which the law is practiced, but AI is not without its risks. Some of the practical […]

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The undisclosed principal

By Daniel Treves Under our law of agency, an agent may represent its principal when concluding agreements with third parties, provided that the agent has authority to represent its principal […]

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Exploring the challenges in double taxation: An overview of the functions of the Mutual Agreement Procedure and competent authority in South Africa

A double tax agreement (DTA) is a formal agreement between two countries that outlines the taxation of income derived from cross-border transactions involving residents of the respective nations. This agreement […]

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The abuse of the legal system in South Africa: Shielding liability through legal manoeuvring

By Wessel Robertson In South Africa, the legal system is designed to uphold justice, provide recourse for wrongs, and ensure fairness for all parties. However, a growing concern is the […]

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Guidelines for responsible AI integration in legal practice

Numerous questions have recently been raised regarding the ethical use of artificial intelligence (AI) in the legal profession (see S Dippenaar ‘Understanding business liability when using AI-generated content’ 2024 (January) […]

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Can machines argue the law? Reassessing AI’s role in legal opinions and heads of argument under POPIA

‘Artificial Intelligence (AI) is not the kind of utility that needs to be regulated once it is mature but needs to be regulated now. It is a powerful force, a […]

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Sustainable development or strategic greenwashing? A critical analysis of African Climate Alliance v Minister of Mineral Resources and Energy

The landmark case of African Climate Alliance and Others v Minister of Mineral Resources and Energy and Others (GP) (unreported case no 56907/2021, 4-12-2024) (van der Westhuizen J) marks a […]

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Challenging the Will: King v De Jager and the constitutional limits of freedom of testation

By Taboko Isaac Molaba The contesting of testators’ wishes exercised through the doctrine of freedom of testation is not novel in South Africa’s judicial system. South African courts have continuously […]

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Clarifying collusion: Unpacking price fixing and bid rigging

By Karabo Orekeng   Section 4 of the Competition Act 89 of 1998 regulates the prohibition of restrictive horizontal practices by firms. Section 4(1)(a) pertains to general agreements that have […]

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