Category

Litigation
The South African Hunters and Game Conservation Association (“SA Hunters”) brought an application in the Pretoria High Court against the Minister of Safety and Security to declare sections 24 and 28 of the Firearms Control Act (“the Act”) as unconstitutional. In terms of the Act, firearm licenses have a limited lifespan and are required to...
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In the recent matter of Trinity Asset Management (Pty) Ltd v Grindstone 132 Investments (Pty) Ltd 2016 ZASCA 135   (29 September 2016) the Supreme Court Appeal, in a divided decision, handed down a ground-breaking judgment dealing with the date upon which a debt becomes due when such debt is repayable on demand.  Judges JA Willis,...
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A wedding in modern times is an elaborate affair. Destination weddings are becoming extremely popular. Thailand, Bali, Mauritius and the Seychelles are now the destination of the entire wedding instead of simply the honeymoon. Have you considered what the legal consequences are of your beach wedding, complete with new tan and wind-swept locks? Ordinarily your...
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Signed or Not? That is the question………… Most, if not all, commercial contracts contain a clause which reads something like: “No amendment or consensual cancellation to this agreement will be valid or binding unless it is reduced to writing and signed by the parties to the agreement.” The primary purpose of such a clause is...
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The High Court in Durban was recently asked to decide on the fate of a St Bernard named Theodore. (See footnotes 1 to 4). Purchasers in a residential estate are generally contractually bound to abide by the rules of conduct of the estate. A prudent developer will put the rules in place before the first...
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Siphephelo, or Sips as he is sometimes known, recently joined our firm in the Litigation Department. Siphephelo studied at the University of Zululand, served articles with Cliffe Dekker in Johannesburg and has recently returned home to KwaZulu-Natal. He earned his LLB with distinction and also received the KZN Law Society’s award for the top University...
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Julianne Norton, or Julz as she prefers to be called, balances a busy litigation practice with life on a dairy farm … My main areas of work are divorce and high-level debt recovery.  I have an interest in litigation relating to wills and estates and recently completed a Diploma in Deceased Estates and Estates Management....
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It is a little known fact that the Antarctic Treaties Act of 1996 requires the parties to a dispute concerning the application or interpretation of the protocol on environmental protection to resolve that dispute through mediation. The Antarctic may be half a world away and, but for the rising of the seas owing to a...
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Most people associate referees with sports contests. There is, however, a relatively unknown procedure contained in the Supreme Court Act which allows the Court in a civil matter, with the consent to the parties, to refer certain issues to a referee for investigation and a report back to the Court. The idea is that the...
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He trusted neither of them as far as he could spit, and he was a poor spitter, lacking both distance and control. –       PG Wodehouse   The distribution of the estate of a deceased person is governed by that person’s will or the laws of intestacy or by a contract entered into prior to death....
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