The United Kingdom has started to act decisively to curtail what is labelled as “parental alienation”. The term refers to the practice where one parent, during or after divorce proceedings, turns a child against the other parent so they refuse to see them. In South Africa, the situation is no different. We need to also... Read More
A person purchasing any goods from a supplier is in terms of our common law entitled to receive goods free of defects irrespective of warranties given. In addition, the Consumer Protection Act 2008 now provides for extensive remedies where consumers feel aggrieved by the quality of goods supplied. Section 56 of the Act provides that... Read More
Marital disputes demand expert advice. The dividing of assets, care and contact of minor children and maintenance issue are daunting challenges. Consult us for accurate and professional service.
The calculation of time in litigation matters has been amended. Prior to the amendment of the Magistrate’s Court Act, the computation of time in terms of the Act included all calendar days, whilst computation in terms of the rules of court was limited to court days, excluding week-ends and public holidays. The definition of “court... Read More
The Mbombela High Court issued an order against the Nelspruit Golf Club on Wednesday 3rd April interdicting the club from interfering with the Pro Shop’s rights in terms of its lease with the club. The Pro Shop brought an urgent application on 2nd April subsequent to the club’s management committee embarking on a series of... Read More
The Supreme Court of Appeal has held that the Practice Directives are subordinate to the rules of court and legislation. In the Ex Parte matter of Director of Public Prposecutions, Mpumalanga High Court Case No 905/2017 the SCA had to consider whether the decision of Legodi J in terms whereof an ex parte application in... Read More
The question often arises as to whether interest may be charged on outstanding debts and if so at what rate. If interest and the rate thereof has been determined in a contract, the problem does not arise. Where the rate of interest has not been agreed, or when a debt becomes due and payable, interest... Read More