Alternative dispute resolution can be defined as all forms of dispute resolution other than litigation or adjudication through the courts. One type of alternative dispute resolution is arbitration; parties may elect to refer their dispute to arbi ...
Arbitration is an alternative dispute resolution (ADR) process in which a neutral third party (being the arbitrator) is appointed by both parties, in order to resolve the dispute or issues between them. Unlike Mediation, where parties may elect t ...
“I want to conclude a repayment agreement with a debtor for an amount which exceeds the magisterial jurisdictional amount of R400 000,00. I, however, do not want to abandon any part of my claim and would rather opt to insert a clause in the agree ...
For many years, South African women have endured a perpetual struggle in achieving gender equality within society. South Africa’s constitutional dispensation, however, has created the foundation upon which gender transformation can be brought abo ...
In South African jurisprudence, prescription is governed by the Prescription Act 68 of 1969 (“the Act”). This concept plays a major role in determining which debts remain due and enforceable. The effect of prescription is that a debtor is no long ...
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 ...
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 ...
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 ...
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 ...
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 ...
