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  • Article

    Landmark Judgement Against The Road Accident Fund

    On 22 June 2020, the Supreme Court of Appeal not only delivered an interesting judgement for the legal fraternity but brought a widow one step closer to finally realising justice after 10 years.
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Notices To Attend A Disciplinary Enquiry - Stating The Facts Is Sufficient

    The employee discipline process generally starts with an employee being given notice to attend a disciplinary enquiry.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
Article

Piercing The Corporate Veil Of Close Corporations

A trite principle in our law is that a company has separate legal personality distinct from the shareholders. Similarly, a close corporation has separate legal personality from its members
South AfricaLitigation, Mediation & Arbitration
ENS
ENS
  • Article

    SCA Takes Firm Approach To PAIA Request Refusals By Public Bodies

    A recent South African Supreme Court of Appeal ("SCA") judgment is a reminder to public bodies to diligently apply themselves when considering Promotion of Access to Information Act, 2000 ("PAIA") requests...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Plascon-Evans Rule: The Simple Truth…

    To expand on this, Motion Proceedings are by their nature designed for the resolution of legal disputes which can be disposed of expeditiously on common cause facts.
    South AfricaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    The Power Of A Court To Set Aside Settlement Agreements

    In the case of Ubisi and Another v Road Accident Fund, the Supreme Court of Appeal ("the SCA") reiterated the well-established principle that courts have limited powers to set aside settlement agreements.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Reliance On What Is ‘Reasonable' Under The Circumstances In Contractual Relationships

    An area of difficulty that often confronts the courts is that of contractual disputes – particularly in respect of the enforcement or non-enforcement of contracts/contractual terms.
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Unjustified Enrichment: No General Enrichment Claim Currently Exists In South African Law

    In the case of PRASA v Community Property Company (Pty) Ltd and Another, the Supreme Court of Appeal ("the SCA") ruled that simply pleading the four general enrichment...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Update: Leave To Appeal Granted On Narrow Grounds In Relation To The Pretoria High Court Judgment Which Declared The Level 3 And 4 Regulations Unconstitutional

    In a previous article, we reported the decision in Reyno Dawid de Beer and Others v Minister of Cooperative Governance and Traditional Affairs ("COGTA").
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    What Constitutes 'Substantial And Compelling Circumstances' To Depart From Mandatory Life Imprisonment Sentences?

    Under South African criminal law, a life imprisonment sentence is the most severe form of judicial punishment that can be imposed upon a convicted criminal and is therefore reserved for the most serious offences.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    What Litigators Do All Day

    Most people experience litigation in two ways: the jolt of the initial demand and the bill that follows a month later. In between, the matter can feel like a sealed container – documents...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Who Possesses The Authority To Request The Extradition Of Saffas From The United States?

    In the case of Schultz v Minister of Justice and Correctional Services and Others, the Supreme Court of Appeal ("SCA") heard an appeal against the decision of the Gauteng Division of the High Court, Pretoria.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Expediting Compulsory Land Acquisition: The Constitution (Amendment) Bill, 2017

    Article 26 of the Ugandan Constitution enshrines the right to property and the protection from deprivation of property, subject only to the prompt payment of fair and adequate compensation...
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    The Introduction Of Withholding Tax On Interest - When Is Interest Due And Payable?

    With effect from 1 March 2015, withholding tax on interest will be levied at a rate of 15% in respect of interest that is paid by any person to or for the benefit of any foreign person.
    South AfricaTax
    ENS
    ENS
  • Article

    Woolworths VAT Victory: SCA Redefines Capital-raising As Part Of The Enterprise

    In a recent landmark judgment, the Supreme Court of Appeal (SCA) made a ruling in favour of Woolworths Holdings ("Woolworths"). The judgement affirmed Woolworths' right to claim...
    South AfricaTax
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Dispositions Made By A Company That Is Being Wound Up | The Court's Role

    In a recent Supreme Court of Appeal matter- Pride Milling Company (Pty) Ltd v Bekker NO and Another – the SCA was asked to decide on circumstances in which it would be appropriate for a court...
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Ugandan High Court Sets Guidelines For Mortgagees Exercising Their Right Of Sale Of Mortgaged Property

    A recent Ugandan High Court decision, Sendagire Stephen and Nanyombi Gladys v DFCU Limited, Kabiito Karamagi and Kirumira Godfrey Kalule HCCS No. 26 of 2008,
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Advertising Law: What Authority Does The ASA Have?

    In South Africa, the Advertising Standards Authority ("ASA") is a voluntary body and its members agree to be bound by its rulings.
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Competition Appeal Court Upholds Excessive Pricing Appeal By Sasol Chemical Industries

    The essence of the complaint made by the Competition Commission ("the Commission") was that SCI charged excessive prices for purified propylene and polypropylene between 2004 and 2007.
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    The Peremptory Requirements Applicable Prior To Suing A Judge

    In Mantashe v Justice Raymond Zondo N.O. and Another, the Johannesburg High Court reiterated the established peremptory requirements that must be satisfied...
    South AfricaCriminal Law
    ENS
    ENS
  • Showing 281–300 of 638 results

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