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Bits and bytes: The future of the legal profession in an artificial intelligence future

The rapid advancements of Artificial Intelligence (AI) have resulted in multiple innovative ways in which AI can be used to help people. This article identifies and explores how recent developments […]

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Is it possible to challenge a maintenance order while in arrears?

It has been well documented in every court that the respondent (in most instances the fathers) will approach the maintenance court when difficulty befalls them and approach the maintenance court […]

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The art of balance: Navigating stare decisis and the temptation to intervene unnecessarily

Laing J in Cook v S (ECG) (unreported case no CA&R 141/2021, 22-2-2022) (Laing J) quotes E du Toit in Commentary on the Criminal Procedure Act (Cape Town: Juta 2021) […]

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Purposive interpretation in Miya: Implications for legal certainty

The Supreme Court of Appeal’s (SCA) ruling in Minister of Police v Miya (SCA) (unreported case no 1250/2022, 6-5-2024) (Mokgohloa, Meyer and Kgoele JJA and Baartman and Bloem AJJA) has […]

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Prioritising mental health in the legal profession

In April 2024, eNCA reported that a recent UNICEF report revealed that 60% of young South Africans have sought mental health assistance in the past year (eNCA ‘South Africa ranks […]

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What is the ‘doctrine’ of recent possession?

In Mosotho and Another v S (GP) (unreported case no A373/16 GP, 18-9-2017) (Mokoena AJ, Mudau J) the court at para 31 referred to S v Parrow 1973 (1) SA […]

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Implications and applications: Interpreting the parol evidence rule in contract law

By Karabo Orekeng A whole agreement clause provides that if a written document was intended to record a memorial of the contract, no evidence may be given of any earlier […]

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Maintaining judicial boundaries: The importance of adhering to the issues in pleadings

The Supreme Court of Appeal in National Director of Public Prosecutions v Zuma 2009 (2) SA 277 (SCA); 2009 (1) SACR 361 (SCA); 2009 (4) BCLR 393 (SCA); [2009] 2 […]

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When the courts grapple with words: S v BL

In a recent judgment in the Western Cape High Court, the use and meaning of the ‘p-word’ was discussed amidst a review judgment regarding the contravention of a protection order […]

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Security for costs when leave to appeal is granted by the SCA to the Full Court

There are prescribed instances where one of the parties may be obliged or requested to furnish security for costs. In instances where it is not peremptory to do so, should […]

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