Practice area

The duty to account – a trustee’s duty towards the trust

Mohle NO and Others v RLN and Another (MM) (unreported case no A43/2023, 9-1-2024) (Ratshibvumo ADJP) The Mpumalanga Division of the High Court, Mbombela recently dismissed an appeal by the […]

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Invalidating contracts for procurement based on s 217 of the Constitution

Kunene Rampala Inc v North West Province Department of Education and Sport and Development (unreported case no 460/2022, 15-9-2023) (Hughes JA (Mbatha, Mothle and Matojane JJA and Mali AJA)) To […]

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Restorative justice should not be used to influence the sentencing when serious crimes are committed

 Director of Public Prosecutions, North Gauteng v Thabethe 2011 (2) SACR 567 (SCA)  The best interest of the minor child must be considered when dealing with matters concerning the minor […]

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Legal practitioners do not only owe  a duty to their clients, but they also owe a duty to the courts and the legal system

 BMGS v MBS and Others (GP) (unreported case no 26675/2022, 8-1-2024) (Phahlane J) An urgent court application was brought to the Gauteng Division of the High Court in Pretoria in […]

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Employment law update – Automatically unfair dismissal in the case of a protected disclosure

In Railway Safety Regulator v Kekana [2024] 1 BLLR 40 (LAC) a senior manager was dismissed after lodging a grievance about the Chief Executive Officer’s (CEO’s) alleged unlawful conduct. In […]

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Ethics: A losing battle against national and global storms

By Krish Govender The SA context The legal profession in South Africa (SA), especially after our freedom in 1994, has a duty to protect and advance the principles and values […]

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The costs order remedy in terms of s 342A(3) of the Criminal Procedure Act and the need for it to come into effect

It goes without saying that the South African criminal justice system has been saddled with delays for a long time. To curb these delays, the legislature, in 1997 enacted s […]

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Construction mafia impose a serious threat to South Africa

Construction mafias are currently targeting infrastructure development, business entities and construction sites by extortion (Okuhle Hlati ‘Bid for special police unit to tackle “construction mafia” welcomed’ (www.iol.co.za, accessed 2-12-2023)). The […]

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Extending the right of social insurance to migrant domestic workers in South Africa

‘Social insurance provides financial assistance for persons who have become unemployed as a result of illness, maternity, dismissal, retrenchment, occupational injury, occupational diseases and for survivors in the event of […]

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What challenges have arisen after the General Laws Amendment Act enactment?

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (General Laws Amendment Act) was fast tracked through Parliament and has the effect of amending five […]

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