17 December, 2021 In News, Noteworthy Cases & Recent Work

SOLD ‘AS IT STANDS’ – LATENT DEFECTS AND ALL!

This matter is a dismissed appeal against the judgments and order of the Regional Court sitting at Tzaneen. It concerns a dispute on an entitlement to a claim for damages where a “voetstoots” clause in…

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8 December, 2021 In News, Noteworthy Cases & Recent Work

RULE 43 APPLICATIONS AND MAINTENANCE PENDENTE LITE

AN OVERVIEW OF MC V JC (29301/2020) [2021] ZAGPJHC 373 (8 SEPTEMBER 2021) Rule 43 of the Uniform Rules of Court provides for interim measures to assist an applicant quickly and with minimal legal costs….

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22 November, 2021 In News, Noteworthy Cases & Recent Work

RENOVATION OF FREEHOLD PROPERTY

A property described as freehold, being full title ownership, differs from a sectional title property which refers to ownership of a unit comprising of a section and an undivided share in the common property. Before…

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7 November, 2021 In News, Noteworthy Cases & Recent Work

JUST AND EQUITABLE EVICTIONS: WHERE CONTEXT OVERRIDES ABSOLUTE OWNERSHIP

AN OVERVIEW OF THE JUDGMENT IN GROBLER V PHILLIPS AND OTHERS This matter concerns an appeal dismissed by the Supreme Court of Appeal (SCA) against an order of the Western Cape Division of the High Court…

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14 October, 2021 In News, Noteworthy Cases & Recent Work

DISAPPEARED WITHOUT A TRACE? THE EMPLOYER’S OBLIGATION IN CASE OF DESERTION

Desertion is when an employee is absent from his or her place of work and does not appear to have any intention of returning to the workplace… a tricky circumstance for employers to navigate. Although…

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ELECTRONIC COMMUNICATION: PROCEED WITH CAUTION

With the Cybercrimes Bill having been passed, South Africans should be more watchful of the electronic messages they send. The Bill aims to impose penalties on cybercrimes, to criminalise the distribution of harmful data messages,…

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THE JUDGEMENT OF VAN DER MERWE V DRENCHED BOXING (PTY) LTD

This matter is about the return date of a rule nisi for the granting of a final interdict. The Applicants in this matter are occupants of a building in Cape Town, and the First Respondent,…

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ISLAMIC LAW IN SOUTH AFRICA

Political changes in South Africa have had a big impact on the country’s judicial system. This is especially noticeable in the attitude of our judiciary towards Islamic law.

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DISCRIMINATION IN THE WORKPLACE

The growing need to reform our current legislation that protects individuals from discrimination in the workplace has resulted in proposed changes to the Promotion of Equality and Prevention of Unfair Discrimination Act.

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MARRIAGE OFFICERS NO LONGER ALLOWED TO OBJECT TO SAME-SEX MARRIAGES

Marriage officers are not longer allowed to object to a same-sex marriage based on the couples sexuality.

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