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Failure to know or follow the rules of court: A civil procedure pitfall for legal practitioners

A judgment from the High Court of South Africa, Eastern Cape Division, Bisho, serves as a timely reminder for legal practitioners to diligently consult the rules of court before instituting proceedings to avoid the pitfalls that may arise from failing to follow …

Provided By Adams & Adams

by Jean-Paul Rudd

Judicial review: An overview

Introduction Judicial review serves as a critical mechanism to regulate administrative action, ensuring that public authorities act within their legal bounds. It allows the judiciary to examine and correct administrative decisions, ensuring accountability,…

Provided By SchoemanLaw Inc

by Johan de Lange

New Labour Court and Labour Appeal Court rules on 17 July 2024

On 17 July 2024 new rules will govern proceedings in the Labour Court (“LC”) and the Labour Appeal Court (“LAC”). The new rules will replace...

by Sandro Milo, Tasso Anestidis, Nadia Froneman and Kyle Lamb

Understanding court-ordered costs in South Africa: A comprehensive guide

Introduction In the realm of litigation, the issue of costs can often be as crucial as the outcome of the case itself. Understanding how costs are...

by SchoemanLaw Inc

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...

by SchoemanLaw Inc

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

Referral to Registrar for a debt or liquidated demand

In Auditor-General of South Africa v Accounting Officer of Gateway Airports Authority (Ltd) and Another [2022] JOL 54182 (LP), the court had to determine whether the claim...

by Merilyn Kader

Urgent application

A group of 116 persons in Ndevu and Another v Westonaria South Property Holding (Pty) Ltd t/a Westonaria South and Others [2022] JOL 53978 (GP) occupying a...

by Merilyn Kader

Validity of a customary marriage

The court in Segone v Minister of Home Affairs and Others [2022] JOL 54179 (GJ) was called on to decide whether the purported customary marriage between...

by Merilyn Kader

How to become a mediator in South Africa

The amendment to the High Court Rules (Rule 41A) made it mandatory for any parties at the outset of contemplated litigation, to consider mediation. With cost...

by Gawie le Roux

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