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RAF liability: Reconsidering supplier claims

Payment of suppliers (such as hospitals and medical practitioners) as separate claims (separate from third party’s s 17(1) personal claim) in terms of s 17(5) of the Road Accident Fund […]

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People and practices – April 2024

Garlicke & Bousfield Inc has three new appointments. Nicci du Plessis has been appointed as a Director in the Conveyancing and Property Department in the Cape Town office. Hlengiwe Skosana […]

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Constitutionally imperative: Ensuring public participation in the law-making process

Linda Nyati submits that the Freedom Charter declared that ‘the people shall govern’ (L Nyati ‘Public participation: What has the Constitutional Court given the public?’ (2008) 12 Law, Democracy & […]

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Ensuring justice: An urgent need for amendments to safeguard vulnerable witnesses testifying in open court

Victims of sexual offences bring with them to the courtroom the disturbing experience of abuse, violence, and family conflict. These experiences are traumatic with the result that these victims may […]

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Shining a light on trade secrets and intellectual property rights

By Ramon Camarinha Definitional elements Generally held, in South African jurisprudence, trade secrets are intellectual property rights on confidential information, which may be sold or licensed (EA Rowe and SK […]

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Best interests of the child – difficulties with interpretation and application

The current adversarial processes in parental responsibilities and rights (ie, care and contact disputes) in the dissolution of marriages and existing family units have been increasingly cited as a concern […]

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Committed to making human rights real for society

In 2024, this De Rebus monthly feature will focus on legal practitioners doing humanitarian work, including human rights work, pro bono work, and legal aid. In this month’s issue we […]

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The law reports – April 2024

January [2024] 1 All South African Law Reports (pp 1 – 331); February [2024] 1 All South African Law Reports (pp 333 – 614); Judgments online – January 2024 This […]

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A successful contempt of court application protects the paramountcy of the best interests of the child

BMGS v MBS and Others (GP) (unreported case no 26675/2022, 8-1-2024) (Phahlane J) On 8 January 2024, Phahlane J sitting in the Gauteng Division of the High Court in Pretoria […]

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Consent as a requirement in customary marriages

Mashisane v Mhlauli (SCA) (unreported case no 903/2022, 14-12-2023) (Weiner JA (Mbatha, Mothle, Hughes JJA and Keightley AJA concurring)) ‘Culture is not just a set of customs; it’s a vital […]

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