06
Jan
2026
New Publications
Insights
24
Nov
2025
New Publications
REQUESTING ACCESS TO CLINICAL INFORMATION WITHOUT THE PATIENT’S CONSENT UTILISING A SUBPOENA DUCES TECUM: A DISCUSSION OF MEC FOR HEALTH, GAUTENG V SOLOMONS 2023 (6) SA 601 (GJ)
The issue of reconciling compliance with a subpoena requiring a medical practitioner to disclose a patient’s clinical information, with the medical practitioner’s ethical duty to keep such information confidential, often requires careful consideration.14
Oct
2025
New Publications
THE IMPLEMENTATION OF THE SCALES OF COUNSEL IN ACCORDANCE WITH RULE 67A
More than a year after the implementation of Rule 67A, which includes the determination of scales of fees for counsel, the question of the success of this insertion can be assessed.19
Aug
2025
New Publications
BEYOND CLIENT INSTRUCTIONS: THE ETHICS THAT GUIDES THE LEGAL PRACTITIONER
In the realm of South African legal practice, attorneys are bound not only by the instructions of their clients, but also by the ethical obligations imposed by the Legal Practice Act 28 of 2014 and the rules of the Legal Practice Council.05
Aug
2025
New Publications
THE DUCHESS OF SUSSEX CONTINUES TO BATTLE WITH TRADE MARK PROTECTION
Megan Markle has faced several trade mark struggles related to her lifestyle brand ventures. These issues primarily revolve around securing and maintaining unique and coined trade marks for her brands.15
Jul
2025
New Publications
BRIDGING THE GAP: A BALANCING ACT BETWEEN THE RIGHT TO HOUSING AND A CREDITORS RIGHT TO ENFORCE IN TERMS OF RULE 46A
Our Constitution is shaped by the socio-economic issues that challenge South Africa. Among these issues, the right to adequate housing as enshrined in s 26 of the Constitution must be weighed against a creditor’s right to enforce a judgment relating to the debtor’s property.18
Jun
2025
New Publications
SHOULD A TREATING DOCTOR ACT AS AN EXPERT WITNESS FOR THEIR PATIENT IN LEGAL PROCEEDINGS
Uniform Court Rule 36(9) provides for parties to litigation to call any person as a witness to give evidence as an expert upon any matter.04
Jun
2025
New Publications
NAVIGATING THE CLOSURE OF OLD MINES AND SECTION 43 OF THE MPRDA: A LEGAL DEEP DIVE
South Africa's mining legacy is vast, encompassing operations predating the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA).27
May
2025
New Publications
A FORKLIFT IS NOT A VEHICLE FOR PURPOSES OF A RAF CLAIM
According to s 3 of the Road Accident Fund Act 56 of 1996 (hereafter “the Act”), the object of the Fund is the payment of compensation for loss or damage wrongfully caused by the driving of a motor vehicle.14
May
2025
New Publications
THE STRAIN ON GAUTENG'S COURTS: A GROWING CRISIS OF DELAYED TRIALS AND THE IMPACT ON JUSTICE
Introduction The Gauteng region, South Africa's economic and political powerhouse, has seen a significant surge in its population and, by extension, an increase in the number of legal cases.16
Apr
2025
New Publications
PROTECTION OF FUNDS IN 3RD PARTIES COMPENSATION AND PERSONAL INJURIES
In an action for damages against the Road Accident Fund for personal injuries, as with all delictual matters, a person may claim for both patrimonial damages and non-patrimonial damages suffered as a result of the collision.19
Mar
2025
New Publications