Civil Litigation and Alternative Dispute Resolution

RSS feed for this section

#Metoo – what comes next?

It is the unfortunate state of affairs that sexual harassment in the workplace constantly rears its ugly head, and while it may be near impossible to be rid of it entirely, it is by no means an indication that it should continue.  It is for that reason that it is important for you to know […]

Read full story
Collection of tuition fees

A Brief Look at Consumer Rights in Terms of the Consumer Protection Act

 In recent times November has become the favorite month for South African consumers with the adoption of sale specials like Black Friday and Cyber Mondays. Retailers provide massive discounts on their inventories allow for the intake of the latest ranges in the new year. The advantage is a turnover of stock, with suppliers keeping up […]

Read full story
Testamentary Trusts

Independant Schools and Expulsion – Contract and the Constitution

As of 9 January 2019, and estimated 402 141 students were enrolled in the 1966 independent schools scattered throughout South Africa.[1] As such, 3% of all students are in attendance at independent schools. No statistic could be found indicating how many students left the independent school curriculum. However, case law suggests independent schools have the […]

Read full story

Recent Changes – Government Pension Funds and Divorce Settlements

Government employees who are members of the Government Employees Pension Fund (‘GEPF’) can breathe a sigh of relief, as their pension interest will no longer be subject to the ‘debt’ approach when distributing pension interest when enforcing terms of a Divorce Settlement Order. The previous rules were structured in such a way that the divorce […]

Read full story
3D printing

Litigate once and for all – when can that be relaxed?

In order to unpack the technical principle of res judicata and when or if it can be relaxed, a definition is needed:   “The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical “bite at the cherry”. The “bite” can entail appealing through […]

Read full story