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  • Article

    Constitutional Court Denies NEASA And SAEFA Leave To Appeal In Major Victory For SMMEs In The Metals Industry

    In a pivotal ruling on 25 August 2023, the Constitutional Court dismissed the leave to appeal sought by NEASA and SAEFA. This follows the rejection of their previous appeals...
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Defamation Matters: PR Specialists May Be Just As Important As Your Lawyers

    Instituting and successfully prosecuting a defamation claim can be challenging and expensive.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    High Court Judgment Addresses The Sale Of Repossessed Properties

    Moneyweb reported recently that lawyers representing consumers facing home repossession have applauded a recent case in the Gauteng High Court which aims to block any lawyers who try to side-step court procedures...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    SA Court Rules That Prevention Of Illegal Eviction From And Unlawful Occupation Of Land Act, 1998 Does Not Apply To Student Accommodation

    In the matter of Stay At South Point Properties (Pty) Ltd v Mqulwana and Others (UCT intervening as amicus curiae), the South African Supreme Court of Appeal ("SCA") issued a significant ruling...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    South African Constitutional Court Settles Debate On When Clock Starts Ticking On Interest For General Damages

    The South African Constitutional Court examined a critical question in damages law: when should interest begin accruing on awards for general damages in cases of unlawful arrest and detention? The ruling in Minister of Police v Khedama establishes a definitive framework for calculating interest on unliquidated debts, distinguishing between pecuniary losses and general damages to prevent overcompensation.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Unanswered Summons? Here Is Your Next Step!

    A default judgment is your next step when the party whom the action is brought against has failed to defend the claim.
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Shots Fired Both Ways – Zuma's Non-Appearance In Court

    Whilst Zuma's sick note was being handed up in the Pietermaritzburg High Court, Twitter feeds were filled with pictures depicting Zuma...
    South AfricaCriminal Law
    SWVG Inc.
    SWVG Inc.
  • Article

    South African Patent Ruling In Favour Of Astellas Pharma

    A South African patent court ruled in favour of Astellas Pharma against generic drugmaker Cipla, preventing the sale of their generic overactive bladder treatment. The dispute centered on a formulation patent for mirabegron and highlighted the critical role of expert witnesses in helping courts understand complex pharmaceutical inventions and food-effect interactions.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Third-Party Notices: Navigating The Fine Line Between Contractual And Delictual Liability

    Often, more than one Defendant is sued for damages that a Plaintiff has sustained, whether jointly or in the alternative. Uniform Rule 13 allows a Defendant to issue a third-party...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Video Evidence Seals The Deal: High Court Enforces Suretyships

    In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Could Failing To Pay Your Rates, Taxes, Water And Electricity Charges Lead To Termination Of Your Water And Electricity Supply?

    A landlord may not, without a court order, terminate the supply of electricity to premises leased to a tenant who is in arrears with monthly electricity payments.
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    Competition Authorities And Their Duty To The Constitution

    On 15 October 2021 the Constitutional Court delivered a precedent setting judgement on the role of the competition authorities in promoting and protecting cornerstone socio-economic rights contained...
    South AfricaAntitrust/Competition Law
    Tabacks
    Tabacks
  • Article

    School Deaths On The Rise In Gauteng. Is There Any Legal Recourse?

    2020 has commenced on a negative note for the Gauteng Department of Education. 18 scholars have died under various circumstances since the beginning of this year.
    South AfricaConsumer Protection
    Adams & Adams
    Adams & Adams
  • Article

    Sexual Offences Epidemic: How Is The Law Assisting?

    It is undeniable that South Africa is in the midst of a sexual offences epidemic. The recent national crime statistics reflect that 52,420 sexual offences occurred in 2019...
    South AfricaCriminal Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Dismissed For Not Accepting An Employer's Demand – When Is This Automatically Unfair?

    After the courts' guidance, it is now much clearer that not every failed negotiation, which leads to an employee being dismissed can result in an automatically unfair dismissal claim, and the scope for such remedy has been narrowed and explained.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Resignation With Immediate Effect – A Tale Of Confusion

    . These periods are governed by statute and the individual employment contract.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Debt Not Being Paid Off? Apply For A Garnishee Order!

    A garnishee order can be obtained by a creditor once judgment has been granted against a debtor for payment owed to the creditor. A garnishee order by the court provides that ...
    South AfricaFinance and Banking
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Subpoenaed Under Section 417 – What Are Your Rights And Obligations?

    Being subpoenaed to appear at a Section 417 enquiry can feel daunting, especially if you're unfamiliar with the process.
    South AfricaGovernment, Public Sector
    Barnard Inc.
    Barnard Inc.
  • Article

    The Constitutional Duties Of Independent Schools, And Challenges To The Enforcement Of A Contractual Term

    On 17 June 2020, the Constitutional Court handed down judgment in AB and Another v Pridwin Preparatory School and Others. The central question at issue in this case was whether...
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    All Tied Up In Knots | Santam vs Ma-Afrika Hotels

    On Thursday, 08 October 2021, short-term insurer, Santam lost an appeal against a decision by the High Court (Western Cape) that it must pay out contingent business interruption claims...
    South AfricaInsurance
    Barnard Inc.
    Barnard Inc.
  • Showing 41–60 of 637 results

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