Legal updates and opinions
Search Author
The Transaction Did Not Flow
On the 10th of October 2024 the majority judges of the Supreme Court of Appeal upheld an appeal against an order granted by the full bench [...]
Is Government Moving in the Same Direction: Will Rapid Deployment of Electronic Communications Networks Facilities Be Realised Soon?
Kuhle Joja- Candidate Attorney Over a decade ago, the national department of communications recognised that the lack of always- available, high speed and high quality bandwidth [...]
Liability for defamation by AI
Generative AI has exploded into the public consciousness and into widespread use with the emergence of language processing tools (or large language models (LLMs)) such as [...]
Proving claims in an insolvent estate – basic principles reaffirmed
In the recent case of Firstrand Bank Limited v the Master of the High Court and others handed down on 29 September 2023, Potterill J in [...]
Interest factor
and Lwazi-Lwandile Simelane, Candidate Attorney In circumstances where a debt arises and the interest rate is not specified, either by contract of by operation of law, [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has only laid a criminal complaint against [...]
The extent of an arbitrator’s jurisdiction
In the recent decision of Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd & Others[1] the Supreme Court of Appeal ("SCA") was required to determine [...]
When do arbitration awards prescribe?
When does an arbitration award prescribe? Does an award even attract its own period of prescription? The short answer is that it depends on the [...]
Is the refusal of a provisional sequestration order appealable?
On 14 April 2023, the Supreme Court of Appeal ("SCA") delivered judgment in the matter of Liberty Group Limited ("Liberty") and Mohammed Shaaz Moosa ("Moosa")[1]. [...]
Cybercrimes and Business Interruption
by Darren Willans, Director, Sarah Passmoor, Director and Chiara Ferri, Candidate Attorney Cybercrimes and Business Interruption Cybercrimes and Business Interruption are becoming increasingly prevalent in the [...]
Article of interest – a curious lacuna in our law on prescribed rates of interest
Until the introduction of the Judicial Matters Amendment Act 2015 ("the Amendment") which took effect on 8 January 2016, the prescribed rate of interest was gazetted [...]
Pre-Litigation Guide – Help your lawyers, help you
This Guide was prepared by, Darren Willans, Director, Sarah Passmoor, Director, Tsebo Masia, Associate, and Chiara Ferri, Candidate Attorney Five fundamental aspects of pre-litigation preparation It [...]
Cautionary notes for companies and influencers
Influencer advertising In 2022, even the most pessimistic advertiser is unlikely to bet on the fact that the rise in popularity of the influencer industry is [...]
Is a report prepared in terms of S 165(4) of the Companies Act privileged?
by Jones Antunes Director, Danielle Hertz, Associate, and Marisha Krishna, Candidate Attorney This aforesaid is an issue that recently enjoyed the attention of the Supreme Court [...]
Is South Africa in a state of procurement limbo? Where to from here, for now?
Public procurement in South Africa by Sarah Moerane, Director, and Koketso Rapoo, Candidate Attorney Public procurement in South Africa is undeniably tied to the country's socio-economic [...]
“Death and Life are in the Tongue”* – A Case of Hate Speech
by Dakalo Singo, Director and Harold Jacobs, Director "This country is still grappling with identifying where the bounds of freedom of expression lie, with the meaning [...]
The existence of a disputed arbitration agreement: Whose call?
Arbitration agreement by Pierre Burger, Director Arbitration is a consensual process – it depends on an agreement between the parties to refer their dispute to arbitration. [...]
The long road to driving road legislation continues!
Compliance with road legislation by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of the Competition Law Practice; and Dale Adams, [...]
Who was worse: The Attorney or the Legal Practice Council?
Roll of attorneys In a matter recently heard before the Western Cape High Court, erstwhile attorney Gerrit Smit Van Wyk (57) was struck off the roll [...]
Security for costs – A White Elephant? A Chimera? Pie in the sky? …On any basis a Herculean task
Security for costs In the recent case of McHugh N.O. & Others v Wright [5641/2021) [2021] ZAWCHC 205 (19 October 2021) ("the McHugh matter"), the question [...]
Domestic Violence: New definitions you should know
by Dakalo Singo, Director and Head of Pro Bono Practice Domestic Violence Amendment Bill Introduction The annual "16 Days of Activism for No Violence against Women [...]
A bank’s duties to non-customers – clarified or extended?
A bank's duties to non-customers When money is deposited into a bank account, it becomes the property of the bank. This enables the bank to pool [...]
The requirements for Rescission Applications, restated
The requirements for Rescission Applications The Constitutional Court recently handed down judgment in what was effectively a refresher course on the scope and requirements of rescission [...]
Section 161 of the Companies Act and a shareholder’s claim for reflective loss
Section 161 of the Companies Act In terms of the South African common law, a shareholder does not have the right to claim for a reduction [...]
A brief overview of Small Claims Court procedures
The Small Claims Court ("SCC") The Small Claims Court ("SCC") was established by the Small Claims Court Act 61 of 1984 ("Act") as a means of [...]
