HAS THE LEGAL PRACTISE ACT (No. 28 OF 2014) EXTENDED THE JURISDICTION OF ATTORNEYS TO SIGN PLEADINGS IN DIVISIONS OTHER THAN THE DIVISION IN WHICH THE ATTORNEYS WERE ENROLLED?
Friday, 06 December 2019
INTRODUCTION The attorney’s profession has well-established rules and practices that have been developed and observed over several years. One such rule is that an attorney with right of appearance could only practise in the division in which he/she has been enrolled (“Rule”). However, the commencement of the Legal Practise Act No. 28 of 2014 (“LPA”)
- Published in 2019, Legal Practice
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Du Bruyn NO & others v Karsten (929/2017) [2018] ZASCA 143 (28 September 2018)
Monday, 28 October 2019
SUMMARY The material facts of the present matter can be summarised as follows: • The Appellants (Mr Du Bruyn and his wife) were business owners, laying their trade in the sealing off of industrial leaks. The Appellants’ business operation was facilitated though three inter-related entities; • The Respondent (Mr Karsten) shared both a professional and
- Published in 2019, Civil Procedure
National Credit Regulator v Standard Bank of South Africa LTD and South African Human Rights Commission.
Monday, 12 August 2019
SUMMARY In casu, the issue for the court’s determination was whether sections 90(2)(n) and 124 of the National Credit Act, 34 of 2005, (“the NCA”) render the common law right of set-off inapplicable in respect of credit agreements that are subject to the NCA. The common law right of set off allows one debt
- Published in 2019, National Credit Act, News
Motloung and Another v Sheriff, Pretoria East 2019 (3) SA 228 (GP)
Wednesday, 03 July 2019
SUMMARY The facts of the present matter can be summarised as follows: The plaintiff’s suffered a motor vehicle accident (“MVA”) in January 2007; As a result of the abovenmentioned MVA, the Plaintiff’s sought to claim compensation from the Road Accident Fund (“RAF”) through the institution of action proceedings; In 2011, action proceedings were purportedly instituted
- Published in 2019, Civil Procedure, News
Member of the Executive Council for Co-operative Governance, Human Settlements and Traditional Affairs (COGHSTA) and Others v Mogalakwena Municipality and Another 2017 (4) 464 (GP)
Wednesday, 05 June 2019
SUMMARY In casu, this was application for reinstatement of a municipal official that claimed they had been unlawfully removed. The abovementioned application was granted by a single judge of the High Court, siting as the court a quo, but the aforementioned application was not what the present court was called to adjudicate. Instead, the
- Published in 2019, Appeals, Civil Procedure
Tiekiedraai Eiendomme (Pty) Limited v Shell South Africa Marketing (Pty) Limited [2019] ZACC 14
Tuesday, 16 April 2019
SUMMARY This case concerned the Constitutional Court’s amplified jurisdiction to hear cases that do not raise a constitutional issue in the context of an application for leave to appeal premised on a contractual dispute. Factually the case concerned a dispute around the right of pre-emption envisaged in the lease agreement between the respective parties.
- Published in 2019, Appeals, Civil Procedure, Constitutional Court’s Appeal Jurisdiction, News
