Practice area

The proper administration of justice will fall into disrepute if suspended legal practitioners are permitted to appear without consequence

S v Mkhize (Special Review) (KZP) (unreported case no RC552/2024; 15/2024, 23-12-2024) (Mossop J and Bezuidenhout J) The KwaZulu-Natal Division of the High Court set aside a sentence that was […]

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Current provisions of the BCEA governing maternity leave unfairly discriminating against natural mothers and fathers and, surrogate and adoptive parents

Van Wyk and Others v Minister of Employment and Labour and Others (Centre for Human Rights, University of Pretoria and Others as Amici Curiae) [2024] 1 BLLR 93 (GJ); (2024) […]

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Clarifying accountability in municipal finance: The court’s interpretation of ss 32 and 176(1) of the MFMA

Mbambisa and Others v Nelson Mandela Bay Metropolitan Municipality (SCA) (unreported case no 272/2023, 8-11-2024) (Schippers, Mokgohloa and Nicholls JJA and Baartman and Masipa AJJA) In the case of Mbambisa, […]

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The issue of shared residency in divorce cases involving minor children

PVZ v LVZ (GP) (unreported case no 047502/2024; 36830/2022; 064524/2023, 10-10-2024) (Haupt AJ) PVZ v LVZ explores three unopposed divorce cases in the Gauteng Division, Pretoria, where shared residency of […]

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Disputed fees in liquidation application

Van Veluw Beheer BV v Maxxliving Pty Ltd and Another (GJ) (unreported case no A2023/045208, 22-5-2024) Litigants frequently find themselves debating whether disputed costs and/or fees in liquidation proceedings brought […]

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Balancing privacy rights and confidential mental health reporting for attorneys

South African Legal Practice Council v Halles and Another (GP) (unreported case no 35117/2022, 5-6-2024) (Davis J, Mooki J and Matthys AJ) The intersection of mental health and legal practice […]

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Legal Practice Act and commissioners of oaths – a response from the Legal Practice Council

By Brian Mhlongo The article by Bruce Andre Barkhuizen (Bruce Andre Barkhuizen ‘Are legal practitioners admitted in terms of the Legal Practice Act commissioners of oaths?’ 2024 (Dec) DR 20) […]

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The significance of only using registered entities to conduct legal practice

The events underlying the dispute between the parties in Legal Practice Council v Mjila and Another (NCK) (unreported case no 1635/22, 1-3-2024) (Tlaletsi JP, Williams J and Lever J) raise […]

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A brief commentary of the Divorce Amendment Act 1 of 2024

Historically, South African law only recognised a civil marriage, generally perceived to be a ‘traditional Christian marriage’ as the only type of marriage worthy of legal recognition, to the total […]

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Are legal practitioners admitted in terms of the Legal Practice Act commissioners of oaths?

With the enactment of the Legal Practice Act 28 of 2014 (LPA), a large number of legal practitioners have been admitted as attorneys and advocates – however, some of the […]

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