Insights

26
Feb
2025
New Publications

A CRITICAL DISCUSSION OF M.M v T.M WITH REFERENCE TO RULE 43 APPLICATIONS

The case of M. M v T. M (2023/012335) [2024] ZAGPHC 835, which deals with the complexities of maintenance pendente lite and financial disclosures, raises significant issues concerning Rule 43 applications.
19
Feb
2025
New Publications

PRESERVATION APPLICATIONS IN TERMS OF THE TAX ADMINISTRATION ACT, 28 of 2011

PRESERVATION APPLICATIONS IN TERMS OF THE TAX ADMINISTRATION ACT, 28 of 2011 Introduction Section 163(1) of the Tax Administration Act, 28 of 2011 (the Act), provides as follows: " A senior SARS official may, in order to prevent any realisable assets from being disposed of or removed.
12
Feb
2025
New Publications

PARENTAL ALIENATION: THE LEGAL LANDSCAPE IN SOUTH AFRICA

Introduction Parental alienation refers to the process by which one parent systematically undermines the relationship between a child and the other parent.
20
Nov
2024
New Publications

TAXATION PROCEDURES POST ARBITRATION

Arbitration is an alternative, and at times more suitable, option to litigation. The right or obligation to arbitrate is often included in contracts between parties, or in arbitration agreements, whereby the parties choose to arbitrate rather than litigate should disagreements arise.
23
Oct
2024
New Publications

WHAT TO DO WHEN YOUR PATIENT CANNOT CONSENT TO THE DISCLOSURE OF THEIR RECORDS

When faced with the delicate issue of disclosing patient information, Rule 13 of the Ethical Rules of the Health Professions Council of South Africa (HPCSA) is clear: a medical practitioner may only divulge information with the patient's express consent.
16
Oct
2024
New Publications

HANDLING DATA BREACHES UNDER POPIA: A GUIDE FOR HEALTHCARE PROFESSIONALS

In today's digital age, the protection of personal information is of paramount importance, especially for professionals handling sensitive data, such as healthcare providers.
09
Oct
2024
New Publications

YOU HAVE BEEN SERVED, WHAT NOW?

Attorneys often have to remind each other that although this conflict-ridden, litigious environment is our norm, the day a layperson is served with a legal document is often the most stressful day of their lives.
18
Sep
2024
New Publications

THE ROAD ACCIDENT FUND'S UNDERTAKING TO COVER FUTURE HOSPITAL AND MEDICAL EXPENSES

The Road Accident Fund Act 56 of 1996 (hereinafter "the Act") was promulgated to protect and promote the socio-economic rights of victims of motor vehicle accidents (see Mbele v RAF 2017 (2) SA 34 (SCA).
20
Aug
2024
Professional Indemnity Law

THE RARE APPLICATION TO SUSPEND A PRACTITIONER WITHOUT A FORMAL INQUIRY BY THE HEALTH PROFESSIONS COUNCIL OF SOUTH AFRICA

The Health Professions Council of South Africa (HPCSA) was established to regulate the education, training, and registration of health professionals in South Africa.
20
Aug
2024
New Publications

THE ROLE OF ALTERNATIVE DISPUTE RESOLUTION IN RESOLVING COMMERCIAL DISPUTES IN SOUTH AFRICA: EXPLORING THE NPA'S NEW INITIATIVE - CORPORATE ALTERNATIVE DISPUTE RESOLUTION

In the dynamic landscape of commerce and business in South Africa, resolving disputes efficiently and effectively is crucial for maintaining business relationships and fostering economic growth.
31
Jul
2024
New Publications

The Unilateral alteration of settlement agreements by the Courts in the light of the Mafisa Judgment.

Since termination by the Road Accident Fund (RAF) of its mandate with its panel, many claims against the RAF take a long time to reach finality.
23
Jul
2024
Property

SIGNING DOCUMENTS ABROAD: DOES RULE 63(2)(c) HELP?

South Africans living abroad but transacting locally are a regular occurrence. Our law provides a legal framework to facilitate instances where "wet-ink" signature of documents remains a legal requirement, such as when deposing to affidavits or providing powers of attorney intended for use within South Africa, and where physical copies of documents need to be authenticated as true copies of the originals.