Dog bites – what defences can an owner raise?

In Van Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September 2020) the Supreme Court of Appeal (SCA) had to consider the rights and responsibilities of dog owners in South Africa. In this case, a gardener and refuse collector (Cloete) was attacked without any warning or reason by three dogs on a Cape Town street.… Continue Reading

Dog Bites – What are your rights?

When can you claim damages for patrimonial loss (expressed in money) from a dog owner if his dog bites you and injures you? Two Latin principals apply, the actio de pauperie (that refers to the legal remedy that can be brought against the owner of a domesticated animal that has caused damage when it was acting contrary… Continue Reading

Some RICA provisions found to be unconstitutional

In the recent Pretoria High Court case of AMABHUNGANE CENTRE FOR INVESTIGATIVE JOURNALISM NPC Judge Sutherland had to consider two discrete questions:- The first is a challenge to the constitutionality of several provisions of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA) which statute permits the… Continue Reading

Marriage in community of property and suretyships

Since the introduction of the Matrimonial Property Act of 1984 (the Act), spouses married in community of property share the same rights regarding the disposal of the assets of the joint estate (the combined assets of both spouses), the contracting of debts which lie against the joint estate and the management of the joint estate,… Continue Reading

Criminal Defamation

Is it a crime to defame someone? Before 2009 it was uncertain whether the crime existed in our law. In the case of Hoho v The State the Supreme Court of Appeal held that the crime had not ceased to exist because of disuse, that there were no good reasons why it should not still… Continue Reading

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