Insights

30
Jan
2024
Corporate and Commercial

A Creditor's Burden of Proof Under Section 29 of the Insolvency Act

The purpose of the Act is to ensure that creditors are treated fairly and that one creditor is not preferred over another.
23
Jan
2024
Professional Indemnity Law

MAY A PATIENT RECORD A CONSULTATION WITH THEIR DOCTOR?

Most people would agree that patients, when visiting their treating medical practitioner, are probably ill and distressed due to this illness.
24
Oct
2023
New Publications

ACCEPTANCE BY THE COURTS OF DELIVERY OF S129 NOTICES BY WAY OF REGISTERED DIGITAL COMMUNICATION

Traditionally, most legislation and related regulations required delivery of court notices and documents via physical registered post or by the Sheriff.
17
Oct
2023
Deceased Estates

Limitation on Freedom of Testation

Testators are given freedom to direct how their estate should devolve and the freedom to dispose of their assets as they deem fit.
12
Sep
2023
Deceased Estates

WILLS AND DISSOLUTION: THE DISINHERITANCE OF THE SURVIVING SPOUSE

Although it is likely that a testator would not wish for a former spouse to inherit their accumulated wealth and worldly possessions once they have divorced, especially if the testator has remarried, it is common that divorcees often fail to amend or revoke their benefits to former spouses once they have divorced.
31
Aug
2023
Legal Cost Consulting Services

DOES THE TAXING MASTER HAVE A DISCRETION IN ALL CIRCUMSTANCES?

While the Judiciary does not wish to perform the Taxing Master's function, the Taxing Master cannot make decisions that fall within the powers of the Judiciary.
24
Aug
2023
Corporate and Commercial

OBTAINING RELIEF AGAINST VEXATIOUS LITIGANTS

It is therefore possible for litigants to misuse this right by engaging in persistent, frivolous and manifestly unmeritorious litigation.
16
Aug
2023
Property

NEW OBLIGATIONS ON TRUSTEES TO REPORT THE BENEFICIAL OWNERSHIP OF A TRUST

In an effort to address its grey listing status and to ensure that its regulatory environment is geared towards international standards in combating money laundering and financing of terrorism, South Africa has recently amended the Trust Property Control Act, 1988 (Act No.
08
Aug
2023
Corporate and Commercial

Franchisees' Protection Under the Consumer Protection Act

The CPA grants consumers a multitude of rights, and is based on the principles of fairness and equity, which certainly casts a wide net when it comes to protecting the rights of franchisees.
20
Jul
2023
Property

INTEREST RATE ANNOUNCEMENT 20 JULY 2023

News.
04
Jul
2023
Professional Indemnity Law

CCTV SURVEILLANCE IN MEDICAL PRACTICES

Medical practitioners might consider the installation of closed-circuit television (CCTV) surveillance cameras in their practices as part of a strategy to prevent and detect crime and manage their security risks.
27
Jun
2023
Environmental and Mining

Why can a mining right not be extended to include new portions of land in terms of section 102 only?

The Department of Mineral Resources and Energy ("DMRE") and Department of Environment, Forestry and Fisheries ("DFFE") must work collaboratively within legislative prescripts to bring balance between the two competing objectives as espoused in section 2(h) of the MPRDA, which provides that the MPRDA must: give effect to  section 24  of  the Constitution  by ensuring that the nation's mineral and petroleum resources are developed in an orderly and ecologically sustainable manner while promoting justifiable social and economic development".