The Film and Publications Amendment Act: An Internet Censorship Bill or the Prevention of Harmful Digital Content?

The Film and Publications Amendment Act: an internet censorship bill or the prevention of harmful digital content? Introduction The Film and Publications Amendment Act 11 of 2019 (FPAA) has, since its enactment, raised many a…

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Reporting of Deceased Estates

Upon the death of a person, the estate of the deceased must be reported by an interested party to the Master’s Office in the area where the deceased lived. If the value of the estate is…

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Property Practitioners Act

The 1st of February 2022 saw the commencement of the much anticipated Property Practitioners Act 22 of 2019 (the “Act”). The Act has several implications – not only for “property practitioners”, but for the property…

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Trial by social media: when the right to name and shame must be balanced with the right to privacy

A look at the Bool Smuts and Another v Herman Botha judgment This is an appeal to the Supreme Court of Appeal (SCA) against a decision from the Eastern Cape Division of the High Court, Grahamstown…

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Mandatory vaccinations in an open and democratic society: a delicate balancing act

Imposing a vaccine mandate in a democratic society governed by a constitution which entrenches and protects fundamental human rights can, and to-date has raised certain concerns around the validity and lawfulness of such a decision taken…

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‘Triumph in the Constitutional Court for Surviving Spouses in Life Partnerships’

The Constitutional Court handed down its ruling on Friday, 31 December 2021, which saw the confirmation of an order made by the Western Cape High Court declaring Section 1(1) of the Intestate Succession Act 81 of 1997 unconstitutional and invalid, and included…

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December 17, 2021 In News, Noteworthy Cases & Recent Work

SOLD ‘AS IT STANDS’ – LATENT DEFECTS AND ALL!

This matter is a dismissed appeal against the judgments and order of the Regional Court sitting at Tzaneen. It concerns a dispute on an entitlement to a claim for damages where a “voetstoots” clause in…

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December 8, 2021 In News, Noteworthy Cases & Recent Work

RULE 43 APPLICATIONS AND MAINTENANCE PENDENTE LITE

AN OVERVIEW OF MC V JC (29301/2020) [2021] ZAGPJHC 373 (8 SEPTEMBER 2021) Rule 43 of the Uniform Rules of Court provides for interim measures to assist an applicant quickly and with minimal legal costs….

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November 22, 2021 In News, Noteworthy Cases & Recent Work

RENOVATION OF FREEHOLD PROPERTY

A property described as freehold, being full title ownership, differs from a sectional title property which refers to ownership of a unit comprising of a section and an undivided share in the common property. Before…

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November 7, 2021 In News, Noteworthy Cases & Recent Work

JUST AND EQUITABLE EVICTIONS: WHERE CONTEXT OVERRIDES ABSOLUTE OWNERSHIP

AN OVERVIEW OF THE JUDGMENT IN GROBLER V PHILLIPS AND OTHERS This matter concerns an appeal dismissed by the Supreme Court of Appeal (SCA) against an order of the Western Cape Division of the High Court…

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