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

When is a post on Facebook defamatory?

In the 2012 case of H v W, heard in The Johannesburg High Court, Judge Willis had to determine if this post on Facebook was defamatory and, if so, entitled the applicant to an order interdicting and restraining the respondent from posting any information pertaining to the applicant on Facebook or any other social media,… Continue Reading

What is defamation?

Defamation occurs If someone unlawfully and intentionally publishes a defamatory statement concerning you that lowers your good name and reputation in the eyes of the community. You may be able to sue someone in court to compensate you for injured feelings and for the hurt to your dignity and reputation that you suffered by what… Continue Reading

Dealing with Delinquent Directors

For a more detailed synopsis, see the de Rebus article By Rehana Cassim. A director who does not meet the standards of good behaviour and integrity expected of directors should not be allowed to continue to hold a directorship or should only be allowed to continue to do so under strict conditions imposed by a… Continue Reading

Business Rescue and Surety

ENS acted on behalf of Investec Bank Limited in an application for summary judgment against a defendant where the defendant had stood surety for the debts of certain companies. By the time of the summary judgment hearing, the defendant had already made application to place the companies under supervision in terms of the business rescue… Continue Reading

Tender in Full Settlement

Payments in full and final settlement The question to ask is whether the payment is tendered after a dispute has arisen in respect of which there have been negotiations or litigation, or whether it is made in isolation. In summary: The acceptance by a creditor of a tender made in full and final settlement may,… Continue Reading

Legalese Vs Plain Language

Legalese Vs Plain Language

Legalese is a pattern of writing that is lengthy, obscure, and intelligible only to lawyers but not the man in the street. Have you seen a contract written in legalese before? This is a typical clause. “In the event that the Party of the First Part undertakes any act or effort whatsoever to extend such… Continue Reading

South African Law Blogs
Copyright © 2019 Bregmans | Designed By Right Click Media | Privacy Policy | Tel: +27 (0)11 646-0335 | E-mail: info@bmalaw.co.za