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  • Article

    Hard On Crime, Soft On Sentencing: The Dilemma Of Lenient Sentences Imposed In South Africa

    We see it weekly in the news, "South African National Anti-Counterfeit Task force seizes counterfeit goods worth R100 million rand, suspects arrested".
    South AfricaCriminal Law
    Adams & Adams
    Adams & Adams
  • Article

    Draft Rehabilitation, Reintegration And Return-to-Work Regulations (COIDA): What Does This Mean For Incapacity Management?

    On 15 June 2023, the Department of Employment and Labour published the Draft Rehabilitation, Reintegration and Return-to-Work Regulations in terms of the Compensation for Occupational Injuries...
    South AfricaEmployment and HR
ENS
ENS
  • Article

    Are Successive Patent Validity Challenges Permissible?

    The South African Patents Act sets out a number of requirements for a patent to be valid. For example, the invention claimed in a patent must be new and not obvious.
    South AfricaIntellectual Property
    Adams & Adams
    Adams & Adams
  • Article

    Don't Blur Your Copyright Lines Or You Might Lose Yourself In A Damage Claim

    Two recent decisions in New Zealand and the United States of America illustrate the importance of and recognition given to copyright in the music industry, and the need to ensure ...
    South AfricaIntellectual Property
    KISCH IP
    KISCH IP
  • Article

    Festive Gin Bottles - Marks & Spencer V Aldi

    Registered designs are one of the pillars of the intellectual property (IP) law system. Yet patents, trade marks and copyright get most of the headlines.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    The Essence Of Trade Mark Use

    Trade mark non-use cases come up a lot. A non-use cancellation action might be filed in response to a threat, such as an infringement claim or a trade mark opposition.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    A Missed Deadline Is A Closed Door: Time-Bars In Sehlabaka v PFA & Others

    The Financial Services Tribunal's decision in Sehlabaka v The Pension Funds Adjudicator & Others delivers a stern reminder: the three-year time limit for filing complaints with the Pension Funds...
    South AfricaLitigation, Mediation & Arbitration
    Adams & Adams
    Adams & Adams
  • Article

    Can A Suspended Attorney Who Is A Director Of An Incorporated Company Represent The Company As A Legal Practitioner In Proceedings Before Court?

    In the recent judgment handed down by the full bench of the High Court of South Africa, Free State Division, Bloemfontein on 13 February 2026 ("Full Bench")...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Does Appealing A Default Judgment Amount To An Irregular Step?

    In the case of Lee v Road Accident Fund, the Gauteng Division of the High Court held that default judgments are not appealable and that a party's application to seek leave to appeal a default judgment...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Guardrails For Judicial Accountability And The Limits Of Judicial Misconduct

    When a judge confronts perceived irregularities in settled litigation, how far may the judge go without crossing the line into professional misconduct?
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    High Court Declares Equal Levy Contributions Invalid And Unenforceable

    The Body Corporate of Kirtlington Park, who since its inception levied an equal amount of levy-contributions from all its members, and in 2016 formally adopted the "equal levy rule", is surely considering...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    Is A Separate Debarment Enquiry In Terms Of FAIS Necessary?

    The debarment of representatives and key individuals of Financial Service Providers ("FSPs") is regulated by the Financial Advisory and Intermediary Services Act, 2002.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Legal Representatives Settling A Matter Without Mandate

    Are there ever circumstances where it would be considered permissible for a legal representative to settle a matter on their client's behalf without instruction to do so? And if so, when?
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Requirements For Applications For The Recission Of Final Liquidation Orders

    In the case of Louis Jonker and Johanna Jonker v the Land and Agricultural Development Bank of SA and others ..
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    SCA Reaffirms Residual Powers Of Company Directors To Rescind Winding-up Orders

    South Africa's Supreme Court of Appeal ("the SCA") in Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others considered...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Appealability Of Orders Dismissing Exceptions

    In Lebashe Investment Group (Pty) Ltd and Others v United Democratic Movement and Another ("Lebashe"), the Supreme Court of Appeal ("SCA") considered the appealability of an order dismissing an exception.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    The Right Procedural Response To A Notice Of Bar

    There have been conflicting judgments in regard to whether a notice of intention to except in terms of Rule 23(1) of the High Court Rules is an appropriate response to a notice of bar.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Don't Get Stuck With Your Voet In Your Mouth!

    As such, this clause protects the seller from liability for certain defects that exist on the property.
    South AfricaReal Estate and Construction
    SWVG Inc.
    SWVG Inc.
  • Article

    The Case Of The Unconditional Guarantee That Wasn't

    When the wording of a construction-related guarantee is ambiguous, the intention of the parties involved is key in determining its true nature.
    South AfricaReal Estate and Construction
    ENS
    ENS
  • Article

    Is Commissioning An Oath Virtually The Future For South African Courts?

    Under South African laws, the commissioning of oaths is regulated in terms of the Justices of The Peace and Commissioners of Oaths Act, 1963.
    South AfricaStrategy
    ENS
    ENS
  • Showing 461–480 of 638 results

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