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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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Granting default judgments: The registrar’s powers under the National Credit Act

Section 23 of the Superior Courts Act 10 of 2013, read with r 31(5) of the Uniform Rules of Court, empowers the Registrar of the High Court, save in circumstances […]

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Listed or arbitrary harassment: Determining the nature of workplace harassment

With the advent of constitutional democracy, the South African legal system conforms to the Constitution. Section 2 thereof is important. In terms of s 1(c) the country is founded on […]

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Navigating the community service regulations for legal practitioners: Section 29 of the Legal Practice Act – part 2

This second article will briefly analyse the community service regulations, their implications and then make some concluding remarks and observations (see part one: Ilan Lax ‘Navigating the community service regulations […]

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TRC cases: Call for commission of inquiry

By Haroon Aziz The State Attorney in Pretoria (Ref: Mr S Khosa: 5107/2022/Z45) issued instructions for an ‘Opinion for National Prosecuting Authority concerning the TRC Component and TRC Prosecutions’ (6 […]

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