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Navigating ex parte applications in South African legal proceedings

Introduction In the realm of legal proceedings within South African courts, the utilisation of ex parte applications holds paramount importance, allowing for the pursuit of relief without involving the opposing party during the initial stages. This article…

Provided By SchoemanLaw Inc

Understanding default judgment and rescission applications

Introduction Do you have a judgment against you and wish to challenge this? Your best option is to contest it through the process of rescission of judgments. This legal avenue allows you to seek the setting aside or reconsideration of a court order under specific circumstances.…

Provided By SchoemanLaw Inc

by Robyn Shepherd

Can your freedom of speech be limited? Defamation of character vs. crimen injuria

The concepts of defamation and crimen injuria are two distinct legal principles relating to wrongful and unlawful things people can say to or about others,...

by Philip Venter

Constitutional Court changes the Divorce Act

On 10 October 2023 the Constitutional Court of South Africa confirmed the Pretoria High Court Order. It was declared that Section 7(3)(a) of the Divorce...

by Shani van Niekerk

Requirements for withholding pension funds from a member

Introduction to the Pension Funds Act: The Pension Funds Act plays a crucial role in safeguarding pension benefits, aiming to prevent individuals from relying solely on...

In the spotlight: JSE censure decision under scrutiny

On 5 September 2023, a noteworthy legal judgment emerged from the Gauteng Division of the High Court of South Africa, situated in Johannesburg. The case centered...

by Jean-Paul Rudd

Guardians of the galaxy… The needs & requirements of minor children

The needs and requirements of minor children are a vast galaxy of intricate concepts regulated by a minor child’s guardian. In terms of the South African...

by Shani van Niekerk

South African law: The various cost order types

Introduction The question of costs is fundamental in South African legal processes as it decides who is accountable for paying the costs incurred during litigation. A...

by Celeste Snyders

Insight into seeking interim maintenance through Rule 43/58

Introduction When couples go through contested divorce proceedings, the process can often be prolonged, leading to financial hardships for one of the parties involved. To alleviate...

by Robyn Shepherd

The ticking clock of justice: Understanding prescription in medical malpractice claims

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time....

by Jean-Paul Rudd

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