In our common law a manufacturer could not traditionally be held strictly liable (without having to prove fault in a delictual claim, as affirmed in the case of Wagener v Pharmacare Ltd 2 All SA 167 (SCA). This position changed with the introduction ...
MEDIATION AND THE PREVENTION OF ILLEGAL EVICTION FROM AND UNLAWFUL OCCUPATION OF LAND ACT, NO. 19 OF 1998.
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South African legislation appears to make provision for the practice and benefits of mediation outside of the typical family, labour and commercial law arenas. The popular area of civil law evictions appears to be a silent supporter of this valuabl ...
REGULATIONS TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 5 OF 2000 (“PPPFA”)
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The PPPFA regulates the procurement policy and framework of organs of state. Its purpose is to enhance the participation of Historically Disadvantaged Individuals (HDIs) and small, medium and micro enterprises (SMMEs) in the public-sector procurement ...
CASE NOTE – LAUBSCHER N.O V DUPLAN AND ANOTHER [2016] ZACC 44:
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On the 30 November 2016 the Constitutional Court dismissed an application for leave to appeal an order of the Pretoria High Court, concerning the intestate succession rights of unmarried same-sex partners in a permanent same-sex partnership, with r ...
YOUR PERFECTED PLEDGE MAY NOT BE PERFECT, HERE’S WHY
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As a lender, you can take security over a borrower’s inventory stored in South Africa by way of a pledge, but the pledge must first be perfected before you can enforce it. Perfection of the pledge is not enough. There are a few more boxes that would ...
MEDIATION COULD SAVE YOU SIGNIFICANT COSTS IN LITIGATION!
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Mediation is a process in which parties to a dispute endeavour to reach a settlement though negotiations, facilitated by an independent third party known as the ‘mediator’, as opposed to embarking on litigation proceedings. Through these facilitated ...
“PSSSSSST… HAVE YOU CONSIDERED MEDIATION”?
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Mediation is a process in which parties to a dispute endeavour to reach a settlement though negotiations facilitated by an independent third party (the ‘mediator’). Through these facilitated negotiations, the mediator assists the parties in identifyi ...
THE ADVENT OF THE THIRD GENERATION SECTIONAL TITLE LEGISLATION – IMPLICATIONS FOR OWNERS
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Background to Sectional Title Property: The South Africa legislature has recognised the need for a regulatory regime governing the vertical ownership of property. Prior to 1971, our law only recognised the ownership of land per the Roman Dutch pri ...
HOW IMPORTANT IS IT TO READ LEGAL PLEADINGS AND/OR NOTICES?
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Often people only become aware of judgements reflecting on their credit records when trying to apply for loans, cellphone contracts, etc. However, what many of them do not know, is that it is most likely due to their own negligence that they have the ...
ANNULMENT OF A MARRIAGE
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Consent is an essential element of a valid marriage and the parties to a marriage must confirm before the marriage officer during a civil ceremony that they voluntarily consent to marry each other. There are certain circumstances where it can be said ...