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June 24, 2020

Commercial Law: Business Rescue vs Liquidation – What is The Difference?

South Africa has been experiencing very slow economic growth and international rating agencies have subsequently downgraded South Africa’s investment outlook to “junk status”. This, and a myriad of other factors, […]
June 24, 2020

Commercial Law: Reckless Trading and Personal Liability in the Time of Coronavirus

The COVID-19 pandemic and its ongoing economic fallout have left many businesses struggling with cash flow and even viability challenges. The result is that an increasing number of companies are […]
June 24, 2020

Property Law: Lockdown! Nuisance Neighbours and How to Handle Them

It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when […]
June 24, 2020

Family Law: Understanding the Full Community of Property Witnessed

The court, in reaching its decision, referred to the case of De Kock v Jackson and another 1999 (4) SA 346, where it was concluded that there was no logical […]
May 26, 2020

IP/IT Law: Protection in the Age of Information

Protection in the Age of Information “It used to be expensive to make things public and cheap to make them private. Now it’s expensive to make things private and cheap […]
May 26, 2020

Family Law: COVID-19 Lockdown: Movement of Children Between Parents – Here are the New Regulations

Initially, in terms of the lockdown regulations, the movement of children between parents was strictly prohibited. As such, children were required to remain with one parent throughout the lockdown period.However, […]
May 26, 2020

Litigation Law: The Admissibility of Opinion Evidence

In general, the admissibility of evidence is dependent on whether the evidence is relevant to a fact in issue in the case.  In DPP v Kilbourne the court held that evidence is relevant if […]
May 26, 2020

Wills, Estates & Trusts: Locked Down During the Pandemic: How to Make a Will and Get it Witnessed

The last few weeks have seen huge changes in the way we live our lives. The demand for Wills has surged during the COVID-19 pandemic, which is understandable in the […]
April 10, 2020

IP/IT Law: POPIA’s Deadline is 31 March 2021 – Ignore the “Fake Headlines” But Start Planning!

At long last the main provisions of POPIA (the Protection of Personal Information Act) have been gazetted, and they will commence on 1 April 2020. That means that the one […]
April 10, 2020

IP/IT Law: Watch What You Say on WhatsApp – The Case of the R20m Lottery Win and the R1m “Offer”

WhatsApp comes with a host of business and personal benefits, and its use is growing exponentially here as in the rest of the world. Which brings us to a possible […]
July 14, 2015

Tersydestelling van vonnis

Stel jouself voor, die onaangename verrassing as jy onverwags ʼn vonnis by verstek ontvang, as gevolg van ʼn dagvaardiging wat jy nooit ontvang het nie. Dit is belangrik dat jy […]
July 14, 2015

Rescission of judgement

Imagine receiving the nasty surprise that default judgement has been entered against your name because of a summons that you have never even received. It is necessary that you know […]
August 25, 2015

Publication of untrue statements in the media

Defamation law in South Africa is one of the most debated topics in our legal system, the reason being that South Africa is a democratic country founded on human dignity, […]
September 16, 2015

Mediation & Arbitration

Although both mediation and arbitration are methods used to resolve disputes, there are substantial differences in the processes. Arbitration is similar to the court process in that the parties present […]
November 10, 2015

Traffic Officer confiscates my cell phone: What you should know

Since 2011 the City of Cape Town: Traffic By-Law, 2011 has made it possible for an authorised officer to confiscate your cellular device if you are caught using it in […]
July 4, 2016

Neighbours behaving badly: Nip illegal building in the bud!

Bad neighbours don’t just impinge on your enjoyment of your property; they can also cause serious harm to its value.  So if you notice illegal building activity next door, move […]
April 11, 2017

Noisy neighbours and the interdict option

“Nuisance usually involves repeated infringement of the Plaintiff’s property rights. An objective weighing up of the interests of the various parties, taking into account all the relevant circumstances is required […]
May 11, 2017

Landlords vs tenants: Who pays for unauthorised repairs?

You rent a house and the geyser packs in or the pool starts leaking. The landlord ignores your pleas to fix the problem – or outright refuses to do so. Can […]
April 3, 2018

Mediation and Arbitration: Am I prejudiced by an arbitration clause?

Contracts for the building of a house or providing for substantial alterations to a house commonly contain an arbitration clause.  This article looks at the advantages of resolving disputes relating […]
June 25, 2019

Dispute Resolution Law: When Does A Foreign System Of Law Apply?

It is a requirement in the South African Law of Contract that, for a contract to come into existence, an offer to contract must be made by one party to […]