Practice area

Domain name disputes – a discussion of SAIIPL adjudicated disputes

In light of the recent dispute of the well-publicised case of African National Congress v Unwembi Communications (ZA2018-0350, 31-1-2019), it has become abundantly clear that the alternate dispute resolution (ADR) […]

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NCA s 129(1)(a) notice – a practical perspective on the interpretative challenge

The National Credit Act 34 of 2005 (NCA) in modern South Africa, has been the focus of many legal cases, mostly dealing with the interpretation of its meaning, one of […]

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The implications of giving informal legal advice

It is not uncommon that, on an informal basis, a legal practitioner would be asked for a view on a legal matter that a particular person is facing with at […]

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Muslim widows’ right to inherit renounced benefits from their husband’s estate

By Clement Marumoagae Historically, the South African public policy was crafted on Eurocentric ideals, which regarded everything that was not in line with western and Christian moral values as invalid […]

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A right to consular assistance: Some general observations

In June 2018, the media was abuzz about 51 young South Africans who had been detained by the authorities in China after having found themselves embroiled in a visa scam. […]

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Does SA have the required framework for mutual legal assistance and extradition?

By Mohammed Moolla It is generally accepted that once a crime has been committed, it should be investigated, the perpetrator should stand trial and on conviction be punished for their […]

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Determining the crime for concealment of birth

  As an assessor in the High Court for approximately ten years after my formal retirement in 2010, the experience of confrontation with legal issues has exposed me to prosecutions […]

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The ranking of the business rescue practitioner’s claim in liquidation proceedings

Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC) It is now trite in South African law that an interpretive procedure includes considering […]

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An employer cannot use a big fish to catch a small fish

Rinsa (Pty) Ltd t/a Ultra City Middleburg v National Union of Metalworkers of South Africa and Others (LC) (unreported case no JR545/15, 5-12-2018) (Nkutha-Nkontwana J) This article considers the recent […]

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Employment law update – Employers permitted to take prima facie decision on need to retrench

In South African Commercial Catering and Allied Workers Union and Others v JDG Trading (Pty) Ltd [2019] 2 BLLR 117 (LAC), JDG Trading (JDG) concluded a collective agreement with the […]

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