Can a court hear evidence via video conferencing?
In the matter of MK and TRANSNET LTD t/a PORTNET, heard by the Kwazulu-Natal Local Division of the High Court under case number A105/2004, Mbatha...
Tag: high court
Children born out of wedlock – The rights of the biological father
If you were to ask the average person on the street who they think should make decisions on behalf of a child born out of...
Reckless trading, fraud, contraventions and the onus on business rescue practitioners
In a recent Pretoria High Court matter, Chetali Gupta, wife of one of the well-known Gupta brothers, brought a special motion proceeding against five respondents,...
Can I sue if my child is injured at school?
Parents send their children to school with a reasonable expectation that they will be just about as safe as they would be at home. After all, schools are designed specifically for children.
However, accidents can and do happen at schools on an alarmingly frequent …
Provided By DSC Attorneys
Constitutional Court grants life-long anonymity for children in criminal proceedings
In the matter of Centre for Child Law & Others v Media24 Limited & Others CCT 261/18, the Constitutional Court considered an application by the...
Fake qualifications can lead to large claims for damages
Employers are increasingly finding that employees, particularly those in senior management roles, have misrepresented their expertise, skills, experience and most importantly their qualifications. To curb...
Investor’s remorse: Can you take action against your investment broker for a failed investment?
You’ve had a successful career. In fact, you’ve worked hard enough to set yourself up for an early retirement. A trusted investment broker approaches you...
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...
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...
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 text of the Acts and Rules (including the Constitutional Court Rules). Useful aids…
Provided 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...
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...
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...
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...
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....
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,...
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...
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...
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...
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...
