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Dispute Resolution

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Legislation

Dispute Resolution News & Insights

This section examines dispute resolution rules, legislation and procedures, as well as matters which have been resolved through negotiation, mediation, arbitration, collaborative law and litigation.

Will grieving parents ever have a voice regarding the disposal of foetal remains?

VOICE OF THE UNBORN BABY NPC AND ANOTHER V MINISTER OF HOME AFFAIRS AND ANOTHER [2022] ZACC 20 The Constitutional Court recently delivered a judgment which overturned the High Court’s ruling that certain sections of the Births and Deaths Registration Act 51 of 1992…

Provided By Adams & Adams

Can an employer dismiss unvaccinated employees?

1. Introduction Since Covid-19 invaded our shores, it has not been, and it could not be, business as usual. Businesses all around the world have had...

by Thabo Mohale

Removal of a trade mark

The appellant (LA Group) and first respondent (Stable) were competitors in retail clothing. The High Court’s order for the removal of 46 of the appellant’s trade mark registrations from the register of trade marks, in terms of sections 10(2)(a), (b) and (c), 10(13)…

Provided By LexisNexis

by Merilyn Kader

Legal alert: Misrepresentation and the fiduciary duty of good faith

In the case of CDH Invest NV (CDH) v Petrotank South Africa Pty Ltd (Petrotank), the Supreme Court of Appeal (SCA) held that failure by...

Appeal against mistakes of law

In Director of Public Prosecutions, Free State v Mokati [2022] 2 All SA 646 (SCA), the respondent was found to have forcibly had sexual intercourse with a...

by Merilyn Kader

A second bite at the (appeal) cherry – Thermos Hong Kong Limited v Doshi Ironmongers Limited

In Thermos Hong Kong Limited v Doshi Ironmongers Limited (Civil Appeal (Application) E013 of 2021) [2022] KECA 544 (KLR), the Kenyan Court of Appeal had...

by Rebone Dikotla

How to dismiss an employee

Introduction You need to dismiss an employee. The legal framework regulating a dismissal is vast and complex. Without expert, professional legal assistance, you can very quickly...

by Thabo Mohale

Actio communi dividundo and the “clean break” principle

A client and his girlfriend bought a house together. Their relationship soured, and they reached an impasse. Each wanted to stay in the place, and...

by Bregman Moodley Attorneys

Actio communi dividundo

Edictal citation – You have been served!

A number of rules and legal principles govern the course of litigation. Those who have engaged with the process know that litigation can sometimes be...

by Raeesa Ebrahim Atkinson

Power coupled with duty, the Intercape story

Courts are not designed to govern. That is the government’s job, involving budget allocations and tough choices, sometimes between life and death. The distribution of powers...

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