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NEWS BLOG
Legal news and advice you need to know.
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Aug 1, 2023
Appointing a Curator for the purposes of protecting the mentally incapacitated
According to the Administration of Estates Act 66 of 1965, a curator is defined as, “any person who is authorized to act under letters of...
Jul 26, 2023
Contract: Exclusion clause covered theft, rules ConCourt
The Constitutional Court has brought a long-running dispute between Japanese tech group Fujitsu and a logistics company to a close after...
Jul 14, 2023
Constitutional: Court overrides Mental Health Care Act ruling
The National Department of Health won a Constitutional Court bid upholding the Mental Health Care Act, reports EWN. The department...
Jul 11, 2023
Insurance: SCA orders homeowner to refund R1.64m claim
A Pretoria homeowner was ordered by the SCA to refund Discovery R1.64m, plus other costs it paid him for a genuine storm damage and...
Jul 4, 2023
The consequences of disobeying a court order in respect of contact with a minor child
In a recent judgment, the court had to make a ruling on an application brought by an aggrieved father who had been denied contact with...
Jun 29, 2023
Delict: Tardy Prasa held liable for passenger's injuries
A passenger who fell from a moving train after he was struck by a rock thrown through open carriage doors has won a damages claim against...
Jun 27, 2023
Family: Mother who left children pays the price
A woman who, according to her now ex-husband, loved nice cars and fashionable clothing, has forfeited her half of their matrimonial home,...
Jun 20, 2023
Labour: Breathalyzer tests for workers ruled unreliable
Employers cannot solely rely on breathalyzer tests to dismiss workers, according to a recent judgment by the Johannesburg Labour Court,...
Jun 14, 2023
Company: Son wins directorship battle after father's death
The Western Cape High Court has ruled in favour of a son who had sued his late father’s fiancée and life partner over whether he could...
Jun 13, 2023
Health: Class action over cholera outbreak on cards
Government is facing a class action lawsuit for negligence stemming from the provision of contaminated water to Hammanskraal residents,...
Jun 1, 2023
Forfeiture of patrimonial benefits of the accrual system
In the recent case of M v M (GP) (unreported case no 56859/2021; 26859/2021, 21-2-2023), the Gauteng Division of the High Court in...
May 12, 2023
The recovery of dissipated trust assets (De Rebus)
In the Living Hands (Pty) Ltd and Others v Old Mutual Trust Managers Ltd 2023 (1) SA 164 (GJ) case, an attempt was made by Living Hands...
May 9, 2023
Monetary limit on jurisdiction of magistrates’ courts in eviction cases
The Miya v Matleko-Seifert 2023 (1) SA 208 (GJ) case dealt with an appeal against a magistrates’ court eviction order to the High Court....
Apr 18, 2023
Customary marriage – validity of marriage (De Rebus)
The court in Segone v Minister of Home Affairs and Others [2022] JOL 54179 (GJ) was called on to decide whether the purported customary...
Apr 6, 2023
Divorce - Accrual (De Rebus)
In the case of DM v CM 2022 (6) SA 255 (GJ) the GJ (per Strydom J) dealt with whether an accrual was payable by the defendant to the...
Apr 5, 2023
Divorce – R43 application (De Rebus)
Against the backdrop of acrimonious divorce proceedings, the court had to decide on an R43 application brought by the applicant in HSH v...
Mar 31, 2023
The General Principles for Challenging a Will
Clients approaching their attorneys with the challenge that a will is invalid is not uncommon. Such a challenge may arise from formal...
Feb 14, 2023
Employment: Judge dismisses restraint of trade claim
A top KZN private school has hauled its ‘neighboring’ competitor to court after the headmaster of one resigned and later took up a...
Feb 9, 2023
Litigation: Faux meat labelling issue returns to court
The meat industry and vegan food companies will be back in court in May as they seek legal clarification on whether plant-based foods...
Feb 7, 2023
Judiciary: High Court switch would devastate Makhanda
More than 5 000 jobs would be shed in Makhanda, unemployment would skyrocket, and the already vulnerable local economy would be...
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