Side Bar

The Law Reports – March 2024

January 2024 (1) South African Law Reports (pp 1–329); January 2024 (1) South African Criminal Law Reports (pp 1–119)   This column discusses judgments as and when they are published […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

New legislation – March 2024

Legislation published from 15 January – 2 February 2024 By Shanay Sewbalas and Keagan Smith   Acts Customs and Excise Act 91 of 1964 The amendment of part 1 of […]

Read more

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 […]

Read more

Recent articles and research – March 2024

  Abbreviation Title Publisher Volume/issue Advocate Advocate General Council of the Bar (2023) 36.3 AHRLJ African Human Rights Law Journal Centre for Human Rights, Department of Law, University of Pretoria […]

Read more

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 […]

Read more

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 […]

Read more
X