Civil Litigation and Alternative Dispute Resolution

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Can sureties escape liability?

Introduction In a difficult economy, it is seemingly more and more common that commercial agreements require a personal surety from one or more of the directors of a company and often that friends or family seek the assistance of someone to act as surety for credit agreements. Often person’s don’t understand the implications of agreeing […]

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Class Action

Unpacking the Mandament of Spolie

Introduction   The mandament van spolie (also known as the spoliation remedy, or the mandament) is an ancient remedy available to any person who is dispossessed unlawfully without a court order, or authorizing legislation for the dispossession, or consent.  Very basically, there are (generally speaking) two requirements that a dispossessed person needs to prove in order […]

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CCMA Commissioners may lose discretion to allow legal representation in unfair dismissal disputes arising from misconduct

It is a well known rule in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) that legal representation in unfair dismissal disputes arising from misconduct are only allowed at the Commissioners discretion. Commissioners were empowered to exercise this discretion under Rule 25 of the CCMA Rules (“The Rules”). However, the recent case of Coetzee v […]

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Collection of tuition fees

The law of evidence, careful treatment is pivotal to the outcome of a case

Introduction   One of the critical functions of legal practitioners is to construct court papers (i.e. pleadings etc) in a professional manner, setting out the case they represent. Once this is done to critically assess evidence and to make the necessary amendments, if possible before pleadings close. Another is to consult with witnesses and clients […]

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Unpacking the Basic Requirements for Unjustified Enrichment

Introduction Objectively speaking, no person must be allowed to get enriched at the expense of another whether by intent or mistake. In principle, when a person has been impoverished without justification, they can institute an action for restitution. South African law provides relief when one person’s estate is enriched at the expense of another. This […]

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