Our Insights

Latest Insights

Rescission of Judgment

01 July 2024,  Sinethemba Mashego

Section 36 of the Magistrates Court Act 32 of 1994 states the various reasons why a judgment can be rescinded.... It states that judgment can be rescinded by any person affected thereby:

READ MORE
93
Article

Divorce Orders and your Bank

01 July 2024,  Puleng Valentine Tladi

A and B were married to each other in community of property. Whilst married, the parties purchased a property subject... to obtaining approval from the Bank. A few years later, B instituted divorce proceedings against A. The two entered into a settlement agreement, which was made an Order of Court.

READ MORE
91
Article

Litigation in Debt Collection Matters

01 July 2024,  Melody Sithole

A summons is a court issued document that starts the litigation process. A summons is issued when a debtor fails... to settle his/her outstanding debt as set out in the letter of demand. The purpose of a summons is to inform the debtor of a claim that the debtor has against him/her.

READ MORE
96
Article

Declaratory Applications.

01 July 2024,  Dries Knoetze

“My wife committed suicide and left a suicide note in terms of which she left her property to her new... boyfriend. We were married in community of property and her new boyfriend now wants to approach the court to have the suicide note declared as a valid will and testament. What does this mean?”

READ MORE
21
Article

Rescission of Judgment

01 July 2024,  Sinethemba Mashego

Section 36 of the Magistrates Court Act 32 of 1994 states the various reasons why a judgment can be rescinded.... It states that judgment can be rescinded by any person affected thereby:

READ MORE
93
Article

Divorce Orders and your Bank

01 July 2024,  Puleng Valentine Tladi

A and B were married to each other in community of property. Whilst married, the parties purchased a property subject... to obtaining approval from the Bank. A few years later, B instituted divorce proceedings against A. The two entered into a settlement agreement, which was made an Order of Court.

READ MORE
91
Article

Litigation in Debt Collection Matters

01 July 2024,  Melody Sithole

A summons is a court issued document that starts the litigation process. A summons is issued when a debtor fails... to settle his/her outstanding debt as set out in the letter of demand. The purpose of a summons is to inform the debtor of a claim that the debtor has against him/her.

READ MORE
96
Article

Declaratory Applications.

01 July 2024,  Dries Knoetze

“My wife committed suicide and left a suicide note in terms of which she left her property to her new... boyfriend. We were married in community of property and her new boyfriend now wants to approach the court to have the suicide note declared as a valid will and testament. What does this mean?”

READ MORE
21
Article
GO
GO
 
FILTER
How to remove a Civil Judgment Against Your Name

01 July 2024,  Crystelle Steyn

A civil judgment is a court's decision in a civil lawsuit that determines the rights and obligations of the parties... involved. In the context of debt, it often means that a creditor has successfully sued a debtor for failing to pay a debt, resulting in a court order to repay the owed amount.

READ MORE
33
Article
Litigation Fees are Expensive - Benefit from Retainer Agreements

01 July 2024,  Allan Lesesa

Seeking justice through litigation in the court is not a cheap exercise. Proper legal services can be quite expensive, ranging... from tens of thousands, hundreds and even millions of rands. This article seeks to explore in part, how legal expenses can at least be mitigated and managed, especially in time of need.

READ MORE
23
Article
Mediation – a go-to option for divorcing couples

27 June 2024

At the heart of divorce proceedings, lies an intense personal battle between spouses. Enter mediation as a growing alternative dispute... resolution mechanism aiming to preserve relationships and protect the psychological and emotional well-being of children and adults by avoiding drawn-out and combative court proceedings. In this article, we take a brief look at mediation as a go-to option for divorcing couples in South Africa.

READ MORE
26
Article
Outstanding charges, body corporates and sales in execution

27 June 2024

Recently our Supreme Court of Appeal had to consider whether a purchaser was entitled to only pay for outstanding levies... of a sectional title property that was sold in an execution sale or also the other outstanding charges such as water, sewerage etc. where the terms of the execution sale only required payment of the outstanding levies. In effect, the court had to consider whether a body corporate could be forced to accept a lesser amount because of the terms of a sale in execution.

READ MORE
31
Article
Businesses, body corporates, and the right to electricity

27 June 2024

Can a business enforce its right to receive electricity if the body corporate under which that business falls fails to... pay its service fees to the municipality? 

READ MORE
24
Article
Stoners may be exempted from zero-tolerance policy

27 June 2024

With the well-known Prince-case finding that it is unconstitutional for the state to criminalise the possession, use or cultivation of... cannabis by adults for personal consumption, the perception has arisen that this freedom extends to the workplace and that it is also discriminatory and unfair to dismiss an employee that tests positive for the use of cannabis as a result of reporting for duty under the influence of drugs. In this article, we look at to what extent the Prince-freedoms have also found their way into the workplace.

READ MORE
27
Article

Receive Our Newsletter

SUBSCRIBE NOW