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  • Article

    When Can An Estate Agent Be Held Liable For Latent Defects In Immovable Property?

    Claims against estate agents for latent defects discovered after the purchase of immovable property are frequently pursued without a full appreciation of the legal requirements that must be satisfied for success.
    South AfricaReal Estate and Construction
    Adams & Adams
    Adams & Adams
  • Article

    Business Rescue Practitioners And Voidable Dispositions

    A company that finds itself in a financially distressed position by nature has limited financial resources available, including the resources to attend to the payment for professional services rendered.
    South AfricaCorporate/Commercial Law
    Barnard Inc.
    Barnard Inc.
  • Article

    Section 198a(3)(b) Deeming Provision: Liability For The Client Employer Regardless Of The Role That The Employer Still Retains

    In the case of General Industries Workers Union of South Africa obo Mgedezi and Others v Swissport SA Ltd and Another [2019] 9 BALR 954 the three issues, all hinging on section 198A(3)(b) of the Labour Relations Act 66 of 1995.
    South AfricaEmployment and HR
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Are On-the-road Fees Permissible As Charges In Credit Agreements?

    In National Credit Regulator v National Consumer Tribunal and Others and Similar Matters, the South African Supreme Court of Appeal ("SCA") provided clarity over whether on-the-road ("OTR")...
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Interdict, Appeal, Review: Dissecting The Limits Of Interim Relief In HPCSA Matters

    On 4 November 2025, the Pretoria High Court delivered an important judgment on the nature and limits of the statutory framework governing the internal processes of the HPCSA.
    South AfricaFood, Drugs, Healthcare, Life Sciences
    Adams & Adams
    Adams & Adams
  • Article

    A Brief Retrospective On Two Cases About UIF And Asylum Seekers

    The end of February 2020 marks the anniversary of an important court victory which confirmed the rights of asylum seekers to access benefits from the Unemployment Insurance Fund ("UIF").
    South AfricaInsurance
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Trade Mark And Advertising Law: Some Overlaps

    In South Africa, the Advertising Standards Authority ("ASA") is often used as a forum for trade mark-style disputes.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    Trade Marks That Offend

    Two US trade mark cases have dominated the headlines, and one of these has made it all the way to the US Supreme Court.
    South AfricaIntellectual Property
    ENS
    ENS
  • Article

    B-BBEE And Disaster Relief Funding

    In Solidarity v Minister of Small Business Development and Others; Afriforum v Minister of Tourism and Others, the Pretoria High Court held that the state, acting under the regulations published in terms of...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    No Easy Escape From Gauteng’s Mandatory Mediation Regime

    A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
    South AfricaLitigation, Mediation & Arbitration
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Project Themis Overview

    The Judicial Commission of Inquiry into allegations of State Capture exacerbated the need for entities in South Africa to know more about their clients, vendors, agents, partners etc.
    South AfricaLitigation, Mediation & Arbitration
    FTI Consulting
    FTI Consulting
  • Article

    The Abuse Of The Legal System In South Africa: Shielding Liability Through Legal Manoeuvring

    In South Africa, the legal system is designed to uphold justice, provide recourse for wrongs, and ensure fairness for all parties.
    South AfricaLitigation, Mediation & Arbitration
    Fairbridges
    Fairbridges
  • Article

    The Confusion Surrounding Rule 46a And Auction Reserve Prices

    What happens when an auction reserve price (for immovable property) has not been reached in terms of Uniform Rule 46A? Rule 46A of the Uniform Rules of Court aims to regulate the manner...
    South AfricaLitigation, Mediation & Arbitration
    Barnard Inc.
    Barnard Inc.
  • Article

    The Consequences Of Your Attorney Binding You Without Your Mandate

    What are the implications of your legal representatives binding you to agreements you did not consent to? It is a common cause in the legal fraternity that most clients do not have the requisite legal knowledge to...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Updated Directions Issued For Access To Justice Under Level 3

    On 2 June 2020 the Minister of Justice and Correctional Services, Mr Ronald Ozzy Lamola updated the directives Copyright Amendment Billregarding access to the justice service points under...
    South AfricaLitigation, Mediation & Arbitration
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Can ICASA Condone The Late Submission Of A Notice To Renew A Broadcasting Licence?

    In Independent Communications Authority of South Africa ("ICASA") and Others v Open Heaven Community Radio ("Open Heaven") and Others, the South African Supreme Court of Appeal ("SCA")...
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    "Get Off Your Ass" Isn't Offensive

    ENSafrica successfully represented Virgin Active in a South African Advertising Standards Authority ("ASA") matter, regarding a Virgin Active TV advertisement that used the expression "get off your ass".
    South AfricaMedia, Telecoms, IT, Entertainment
    ENS
    ENS
  • Article

    Is A Landowner Obliged To Provide Alternative Accommodation To An Unlawful Occupier?

    When deciding whether a party should be evicted, a Court must take into consideration all relevant circumstances and factors, and then determine whether the eviction would be just and equitable.
    South AfricaReal Estate and Construction
    Barnard Inc.
    Barnard Inc.
  • Article

    When Goodwill Between Family Turns Sour – Eviction

    Eviction applications frequently pit the two sides of our society against one another. The applicant is invariably the property owner who has the resources necessary to access the civil justice system.
    South AfricaReal Estate and Construction
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Extension Of The Period To Submit An Objection: What Constitutes Exceptional Circumstances?

    The Tax Court had to consider whether the taxpayer discharged the onus to prove that "exceptional circumstances" existed for an extension of the period allowed for the taxpayer to object to an assessment.
    South AfricaTax
    ENS
    ENS
  • Showing 521–540 of 638 results

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