As a result of the nationwide lockdown announced by President Ramaphosa on 23 March 2020, we have little option but to continue to further the interests of our clients from our respective homes.
Although we shall endeavour to continue to work at our normal operating standard, reduced capacity is inevitable. Our switchboard will as a result be closed from Friday, 27 March 2020, until...
CASE LAW: Department of Agriculture, Forestry and Fisheries and another v B Xulu & Partners Incorporated and others JOL 46606 (WCC)
An obscure settlement agreement was finalised between the first respondent, B Xulu and Partners Incorporated (herein referred to as “BXI”), and the first applicant, The Department of Agriculture, Forestry and Fisheries (herein referred to as “DAFF”),...
As inhabitants of the real world we have all faced some form of nuisance to our property whether noise, pollution or physical obstruction. When faced with such adversity, the question arises whether any legal remedy exists to prevent such interference or encroachment on one’s right to use and enjoy one’s property.
More often than not the most common remedy for nuisance is to interdict the...
In the majority of credit agreements, a person, as a credit consumer (“receiver of credit”), binds himself to the obligation that should he default in his monthly payments to the credit provider, the credit provider shall be entitled to demand the full payment of the principal debt by means of legal proceedings, accompanied by the costs associated with the collection thereof. These...
The Master of the High Court in Bloemfontein (eighth respondent) on the 24th of May 2017 accepted a written and signed document as Last Will and Testament of the deceased who passed on the 25th of April 2017. The Applicant is one of the deceased’s daughters. The Applicant challenged the validity of the Will on the grounds that the testatrix (the deceased) did not exercise her...
The CCMA when settling disputes by agreement between the parties is under no obligation to first require a referring party to ask for condonation and subsequently hear the party’s condonation application should the referral, made by the referring party to the CCMA, appear to be outside the required 30 days. The CCMA was created to speedily deal with disputes can settle the matter by agreement...
In the matter of Mlamla v Rubushe and others the Court found that “handing the bride to the groom’s family” is an integral part of the conclusion of a Customary marriage and a requirement for the validity of a Customary Marriage.
Although Section 3 of the Recognition of Customary Marriages Act 120 of 1998, states the following requirements namely; both parties has to be 18 years of age,...
In admitting certain facts and raising a defense as a defendant, such as alleging in a plea that you pushed the Plaintiff in self-defense my shift the onus of proof and thus the duty to begin to you as defendant.
Compiled by: Jean Vermaas (B. Com Law, L.L.B, L.L.M); source: https://www.lexisnexis.co.za/
Final Edition Judgments
Civil Procedure :: plea
Merryweather v Scholtz and...
An arbitration award does in fact constitute a debt as contained in the Prescription Act 68 of 1969 and can prescribe, however the period of prescription is 30 years not the normal 3.
Compiled by: Jean Vermaas (B. Com Law, L.L.B, L.L.M); source: https://www.lexisnexis.co.za/
Industrial Relations and Human Resources :: arbitration award
Goliath v Rocklands Poultry Loss Control/...
Does strong evidence lead to one logical conclusion? In third party practice the aforementioned is not merely a question but the answer to a successful quantum judgment, including the defence thereof. The foundation of strong evidence not only directly correlates with a strong expert witness but choosing the correct individual to assist the court in understanding complex and nuanced...