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The signal saga: Decoding South Africa’s cellphone towers maze for administrative approval

Cellphone towers evoke a polarising debate, particularly in South Africa (SA), where apprehensions regarding their potential adverse effects on health, property values, and overall quality of life are prevalent. Thus, […]

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Provisional sentence proceedings – tailored for liquid documentary debts

The provisional sentence procedure is an overlooked yet useful mechanism in South African procedural law. It operates from the premise that a plaintiff who proves a debt based on liquid […]

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Decoding statutory interpretation: An in-depth analysis of the South African Constitutional Court

Pentimenti is a very interesting Italian term, often applied in the study of art where repented traces or sketches concealed by layers of paint soon reveal themselves (Douglas Oliveira Diniz […]

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Understanding the distinction: Unfair dismissal v unlawful termination in employment contracts

At common law, the measure of damages to which an employee is entitled is limited to the amount of wages or salary he or she would have earned but for […]

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Safeguarding rights in matrimonial regimes: Addressing constitutional concerns in the Trust Property Control Act

By Marietjie du Toit The trust legal institution, as it is recognised today – was unknown in Roman-Dutch law, although the principle of fiduciary duties has been a universal phenomenon […]

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Navigating trusts in South Africa – exploring the new compliance obligations

A trust is a legal arrangement in which assets or property are held by one party (the trustee) for the benefit of another party or parties (the beneficiaries). Recent legislative […]

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Duty to sustain the dignity of our courts

By Sipho Maphumulo Legal practitioners have a duty to protect the dignity of the courts by advancing the interests of justice, observing the law, and maintaining the ethical standards of […]

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Is the metaverse a far-fetched reality to access justice?

The metaverse is not a concept that is new within the technology space, despite many of us only having heard of it in recent years. Following the announcement made by […]

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A discussion on the legal position of adult dependent children

The Supreme Court of Appeal (SCA) on 21 July 2022 in a unanimous decision of Z v Z 2022 (5) SA 451 (SCA) dispelled the notion that mothers cannot apply […]

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Doctrine of common purpose: Can the actions of one accomplice be attribute to others?

The common purpose principle is used by our courts in order to establish whether the actions of one of the perpetrators can be imputed on the others in order to […]

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