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Practice area

A genuine dispute of fact only exists where the party who raises the dispute seriously and unambiguously addresses the disputed facts

Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd (SCA) (unreported case no 1186/2023, 10-4-2025) (Nicholls, Smith, Keightley and Baartman JJA and Modiba AJA) In the case of Ekurhuleni Metropolitan Municipality […]

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When the law fails to protect its vulnerable citizens: A look through the concept of ‘consent’ in rape

Embrace Project NPC and Others v Minister of Justice and Correctional Services and Others (GP) (unreported case no 04856/22, 30-9-2024) (Baqwa J) Rape is one of those debilitating crimes that […]

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Issuing shares to raise essential funding yet diluting existing shareholders

Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another v Redpath Mining (South Africa) (Pty) Ltd and Another [2024] JOL 64621 (GJ) Directors may issue shares to raise capital (Hogg v […]

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Supreme Court of Appeal dismisses appeal in the Steinhoff Report case: A victory for transparency and accountability

Ibex RSA Holdco Ltd and Another v Tiso Blackstar Group (Pty) Ltd and Others 2025 (2) SA 408 (SCA) On 4 December 2024, the Supreme Court of Appeal (SCA) delivered […]

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Judicial independence

O’Brien v Minister of Defence and Military Veterans and Others 2025 (2) SA 613 (CC) Lorne Neudorf notes that judicial independence is a contextual principle aimed at preserving the role […]

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Argument on conviction and the question whether the minimum sentence applies on attempted aggravating robbery

Du Plessis v S (GJ) (unreported case no A101/2021, 28-2-2022) (Vally J and Wilson AJ) By Paseka Temeki Does attempted robbery with aggravating circumstances attract a minimum sentence within the […]

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Re-evaluating relocation in family law

BMS v JNW (GJ) (unreported case no 2024/110526, 10-2-2025) (Abro AJ) Relocation disputes sit at the intersection of family law and constitutional rights, particularly when a custodial parent seeks to […]

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Employment law update – Can a refusal to obey an unlawful instruction amount to a strike?

In South African Steelworks a Division of SA Metal Group (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others [2025] 3 BLLR 257 (LAC), South African Steelworks (SA […]

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Risk/insured portion of death benefits payable by retirement funds – is it subject to s 37C and to be distributed by fund trustees?

The lump sum death benefit payable by a pension or provident fund normally consists of two portions. The first portion represents the pension savings made up of the member and […]

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Money laundering and financing of terrorist activities – Do your part

Legal practitioners are accountable institutions as identified in sch 1 of the Financial Intelligence Centre Act 38 of 2001 (FICA). As accountable institutions, legal practitioners have certain responsibilities in terms […]

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