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 ...
COURT-ANNEXED MEDIATION AND SECTION 34 OF CONSTITUTION
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Compulsory court-annexed mediation provides that whenever an appearance to defend is instituted in civil proceedings, the matter is referred to mediation in an attempt to settle the dispute. In the event of the parties being unable to settle, the mat ...
WHEN DOES A CLAIM PRESCRIBE?
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The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Court. On 28 May 2015 the Suprem ...
SHOULD YOU ASK FOR A RISK SURVEY FROM YOUR INSURER?
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In a recent unreported decision in the High Court of South Africa, North Gauteng High Court, the Court was again faced with the principles regarding disclosure of material information by an insured to its insurer. What is interesting about this case ...
TRUE LOVE, OR EASY PAYCHECK?
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The issues that are dealt with in this article is whether a partner is entitled to maintenance from the other partner in terms of a Divorce Order if the partner that is asking for maintenance, is living with / or has a new relationship, where that pa ...
DO’S AND DONT’S OF SURETYSHIP
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On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger, the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the ...