Just what the High Court prescribed – A party may call up a Guarantee in instances where more than three years had passed since the date of the underlying contractual breach

On 26 June 2019, the Pretoria High Court handed down a judgment in a matter in which the Court had to determine whether a party may call up a demand guarantee in instances where the underlying contractual basis for the guarantee may have prescribed. Investec Bank Ltd…

Provided By Cliffe Dekker Hofmeyr

by Joe Whittle and Reece May

A win for domestic employees in South Africa

According to the International Labour Organization, there are an estimated 1.1 million domestic employees in South Africa working in private households. The majority of domestic workers in South Africa are women, with research indicating that as of 2010, the …

Provided By Cliffe Dekker Hofmeyr

by Fiona Leppan

Juta publication: Superior Courts Act & Magistrates’ Courts Act, and Rules & Periodic Time Charts 2019

About this Publication This popular handbook is a source of first reference for practitioners and students of civil procedure. Updated annually, it contains the most up-to-date...

by Juta

Is a fixed term contract really that fixed?

Currently employers believe that: if they prematurely terminate a fixed-term employment contract, they will have to pay the employee the remainder of contract; and they can only...

by Nadia Froneman and Sandro Milo

Litigation versus arbitration: which to use in a civil dispute?

What is the difference between litigation and arbitration; two processes of dispute resolution in South Africa? In this article, I review the basic elements of...

by Belinda Lewis

Litigation versus arbitration: which to use in a civil dispute?

Admission of guilt – Permanent criminal record or not?

Years after a roadside instant grass seller paid a R500 admission of guilt fine, he was refused a police clearance certificate because of his continuing...

by Carmel Rickard

Commercial Court Practice Directive

On 3rd October 2018 the Judge President of the Gauteng division of the High Court of South Africa issued the Commercial Court Practice Directive (“the...

by Tanya Pollak and Nikhil Lawton-Misra

Colour me protected? Colour protection in trade marks and brands

The ability to protect colour has always been an intellectual property topic of conversation with colour trade marks differing from the colour of a brand....

by Chezanne Haigh

When ‘straying’ courts need to be ‘reined in’

The highest court in Swaziland has been asked to intervene in a bizarre case that tested certain of its constitutional powers for the first time,...

by Carmel Rickard

Modern families: Surrogacy is an option

Robbie Williams and Ayda Field have welcomed a third child together via a surrogate after a “long and difficult” struggle to have another baby. How...

by Shani van Niekerk

Are banks entitled to sell your house for next to nothing?

One of the most popular methods by which South Africans purchase immovable property is through a loan from a bank. This process involves a mortgage...

by VDMA Attorneys

Are banks entitled to sell your house for next to nothing?

Section pertaining to “surviving spouse” in Wills Act declared unconstitutional

In a landmark case handed down by the Constitutional Court on Friday 29 June 2018 in the matter of Moosa and Others v Minister of...

by Celeste du Plooy

Trust litigation – Who can institute a claim and which court has jurisdiction?

This article deals with the questions of who can institute litigation on behalf of a trust, as well as with the question of how jurisdiction...

by Brian Kahn Inc Attorneys

Trust litigation – Who can institute a claim and which court has jurisdiction?

Domain name disputes – Amendments update

Late in 2017, an amendment to the Alternative Dispute Resolution Regulations, pertaining to the adjudication of domain name disputes, was published. The changes to the Regulations...

by Jani Cronje

Domain name disputes – Amendments update

The Brusson Scheme: Practical difficulties for ex-owners trying to implement the Constitutional Court’s decision

The decision of the Constitutional Court, in the case of ABSA Bank Limited v Moore and Another [2016] ZACC 34 has far-reaching implications and the implementation of...

by Luanne Chance and Taryn Jade Moonsamy

Analysis of the High Court’s decision to invalidate South Africa’s notice of withdrawal from the Rome Statute: why and whereto from now?

In February 2017 the High Court of South Africa Gauteng Division, Pretoria, handed down an order declaring South Africa’s notice of withdrawal from the Rome...

by Mateenah Hunter

Tag: high court