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Proving the content of a document: The advantages of s 212(4) of the Criminal Procedure Act

  The use of an s 212(4) statement of the Criminal Procedure Act 51 of 1977 in courts is common, because the facts contained therein are prima facie proof of […]

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Unleashing the power of set-off: A game-changer in business rescue proceedings

The principle of set-off is a common law principle that applies when two parties have reciprocal claims against each other and such claims are identical, each party may then set-off […]

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Municipal tender processes: Deviations, criminal liability, and the strength of the Municipal Finance Management Act

The frequent deviation from standard tender procurement processes by government departments or entities, is often an early symptom of corruption, malfeasance, or poor planning by procurement function (Allpay Consolidated Investment […]

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Conventions and treaties: Conforming with the principles of justice and international law

By Haroon Aziz Former president of the International Court of Justice (ICJ), Joan E Donoghue, delivered on 26 January 2024 a majority six-point Order that should be implemented by powerful […]

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The public still needs education on human rights

  In this month’s monthly feature we focus on Shirley Mlombo who was born in Mpumalanga, in a village called Chochocho. Ms Mlombo is a last born of four siblings. […]

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The Law Reports – May 2024

March 2024 (2) South African Law Reports (pp 1–328); March 2024 (1) South African Criminal Law Reports (pp 227–334) This column discusses judgments as and when they are published in […]

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Ask permission for additional employment and resist the temptation of the moon light

Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (2024) 45 ILJ 369 (LC) Recently, the Acting Miss Vilakazi (the employee) commenced her employment at the University of the […]

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Full court affirms legal practitioners’ exclusive rights in taxations of bills of costs

JJVR v Taxing Master, High Court of South Africa (Western Cape Division) and Another (Horowitz and  South African Legal Practice Council as intervening parties) [2024] 1 All SA 178 (WCC) […]

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The importance of clarity and precision in trust deeds and wills: Avoiding future disputes through effective drafting

Schoonhoven NO and Others v Schoonhoven and Others [2024] JOL 63272 (KZP) The High Court in KwaZulu-Natal Division of the High Court, Pietermaritzburg recently dealt with a complex legal matter […]

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Has the plaintiff made a case on a balance of probabilities, for its claim against the defendant?

Sibuyi NO obo MMG v Road Accident Fund (NWM) (unreported case no RAF 68/2022, 27-3-2024) (Mfenyana J) A mother approached the North West Division of High Court in claiming for […]

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