Tag Archiveshigh court

HIV Positive Employees and Prospective Employees

South Africans who are positively diagnosed with HIV (human immunodeficiency virus) have long been discriminated against in various spheres of life. In particular, HIV positive South Africans find it incredibly difficult to secure gainful employment due to Employers being reluctant to hire them for various reasons, inclusive but not limited to, the fear that HIV […]

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Property Practitioners Bill

Commercial Court re-established to speed up litigation

Recently the office of the Judge President of the Gauteng High Court division of South Africa released a Commercial Court Practice Directive which comes into effect immediately, creating a specialised Commercial Court administered as part of the High Court. The purpose of the Commercial Court is to promote the efficient conduct of litigation in the […]

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Enforcement of claims based on acknowledgments of debt in the Magistrate’s Court v the High Court

A debtor and creditor enter into an Acknowledgement of Debt (AOD) where the debtor acknowledges that he or she owes a particular sum of money to the creditor and undertakes to repay what is owing on terms agreed between the parties. This agreement is used as a shortcut to the judicial process of obtaining a judgment […]

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Jurisdiction of the courts in South Africa

Jurisdiction of a court is generally founded on either, the person (defendant) or cause of action. Certain types of courts, e.g. Magistrates Courts and Small Claims Courts, are “creatures of statute” and thus, may only entertain matters which the enabling legislation of that court specifically allows. <read more>   There are many medicines. Certain medicines […]

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