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Housing consumer rights headed in the right direction
Assisted by Alexi Andropoulos, Candidate Attorney On Monday, 27 January 2025, while global news headlines flooded with the Expropriation Bill being enacted a few days prior, [...]
The Construction Climate Forecast: Stormy Seas Ahead
First introduced to Parliament in February 2022, the Climate Change Bill was passed by the National Assembly in October 2023 and by the National Council of [...]
The Law on Guarantees revisited and confirmed
and Justin Duarte - Candidate Attorney Bonifacio and Another V Lombard Insurance Company Limited Case No.: 247/2023 The nature of guarantees has once again been dealt [...]
Considerations of a surety relying on the remedies provided in the Insolvency Act
CASE NOTE Introduction On 9 February 2024, the Supreme Court of Appeal in the case of Cohen v Absa Bank Limited [1] delivered a judgment in [...]
An extension of the Parate Executie principle in the liquidation context
Emontic Investments (Pty) Ltd v Bothomley and Others[1] Introduction A Parate Executie clause is generally regarded as an impermissible contractual provision which envisages a secured creditor [...]
The in duplum rule: some insights
and Lwazi-Lwandile Simelane, Candidate Attorney Interest stops running when the unpaid interest equals the amount of the outstanding capital claim. This principle is referred to as [...]
Laws in the Pipeline – Curbing the Construction Mafia
Introduction The Critical Infrastructure Protection Act, 8 of 2019 ("CIPA") and the National Infrastructure Plan ("NIP"), to be gazetted under the National Infrastructure Development Act, 23 [...]
To interdict or not to interdict: Parties continue to fall in the same pitfalls
Securing an interdict It has long been held, per Loomcraft Fabrics CC v Nedbank Ltd and another [1996] 1 All SA 51 (A) (the Loomcraft case), [...]
Force majeure in an ongoing COVID-19 environment from a construction perspective
By Jennifer Smit, Director and Tsele Moloi, Senior Associate In parts of the world, cases of COVID-19 are declining, whilst others are seeing their first spikes. [...]
