Tag Archiveslitigation
Class Action

The Requirements to bring a Class Action in South Africa

Introduction Class Actions have for various reasons been a novelty in South Africa, with the unlikely chance of ever reaching the trial phase because of settlements. With the recent outbreak of Listeriosis and a Listeriosis Class Action in the pipeline, this procedural tool “enables a large group of people who have been wronged by someone […]

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Collection of tuition fees

Collection of Tuition Fees by Declaration of Immovable Property Executable- Difference between Public and Independent Schools

In celebration of Nelson Mandela Day on 18 July 2018, SchoemanLaw Inc. will be reviewing the effect that Nelson Mandela has had on South African Law. Nelson Mandela signed the Constitution of the Republic of South Africa, 108 of 1996 into Law on 10 December 1996 (hereinafter the “Constitution”). The Constitution was the finalisation of […]

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res judicata

The impact of Res Judicata in litigation proceedings

The litigation procedure has often been found to be a strenuous one, more so when an individual attempts to clear his/her name or is being charged with the same crime or is a defendant in a matter with the same issue. Most individuals will then ask themselves whether it is possible to be charged/implicated in […]

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The do’s and don’ts when you receive a summons

In the South African legal system a summons is the first document in the litigation process, i.e. court process. The person instituting the claim is called the Plaintiff and the person against whom the claim is being instituted is the Defendant. The Plaintiff and Defendant can also be juristic persons, in simple terms a company […]

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Jurisdiction of the Magistrate’s courts in terms of the Jurisdiction of Regional Courts Amendment Act 31 of 2008 (the “Act”)

The commencement of this Act has now largely aligned the rules of the Magistrate’s court with that of the High Court. For example, the addition of the application for irregular proceedings. Moreover, in the past, the Magistrate’s court could only hear matters that did not exceed R100 000. The threshold has now been raised to […]

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