Rule 41A: Mediation as a Dispute Resolution Mechanism Continue Reading
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
The National Credit Act and Reckless Lending.
The National Credit Act and Reckless Lending The National Credit Act, Act 34 of 2005 (‘NCA’). The provisions that prohibit reckless credit granting form part of the measures that were introduced by the NCA with the aim of resolving the problem of over-indebtedness and preventing reckless credit lending. In terms of section 81(2) of the… Continue Reading
Can a court hear evidence via video conferencing?
In the matter of MK and TRANSNET LTD t/a PORTNET, heard by the Kwazulu-Natal Local Division of the High Court under case number A105/2004, Mbatha J, had to decide if an applicant, seeking damages from Transnet, could give evidence at a law firm and be cross-examined, in Yugoslavia, by way of a video conference link,… Continue Reading
The enforceability of school trip parental consent forms
A client asked: Are schools completely indemnified against any claims, even when they were negligent? Does an indemnity from give the recipient a “license” not to care or not act in a responsible manner ensuring the safety and general wellbeing of the child? This question was probably prompted by the by the unfortunate drowning of… 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
EFF Losing Defamation Appeal
Guest: Roy Bregman, from Bregman Moodley Attorneys on Cape Talk – The John Maytham Show Click here to listen Continue Reading
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