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Mismanagement and poverty in sectional title schemes: A call for legal reform

Thousands of poor sectional title schemes are in distress because they are accused of ‘mismanagement’ as contemplated in s 16(2)(a)(i) of the Sectional Titles Schemes Management Act 8 of 2011 […]

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Is the CSOS Act effective in the adjudicating process?

The Community Schemes Ombud Service (CSOS) is the custodian of the Community Schemes Ombud Service Act 9 of 2011 (the CSOS Act). Notwithstanding the fact that the purpose of the […]

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Enforceability of living wills in South Africa

Ironically, as medical technology advances and becomes more life-prolonging, a growing number of people do not want to prolong their lives when they face a terminal prognosis. This phenomenon has […]

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The legal struggles of diagnosing brain injuries in child accident victims

Brain injuries in children seem to be a highly underrated concept. It is very possible for a child to have sustained a neurological head injury, without any signs of such […]

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The Law Reports – January/February 2025

November 2024 (6) South African Law Reports (pp 1–335); November 2024 (2) South African Criminal Law Reports (pp 443–551) This column discusses judgments as and when they are published in […]

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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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