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Legal Articles and Guides

Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.

Is Zuma having second thoughts?

By Daily News Published on Tuesday, 02 March 2021
Tags: #Criminal Law
How happy the Commission of Inquiry into State Capture will be with the 25 March date set by the Constitutional Court to hear its contempt application against former President Jacob Zuma is debateable.

Suspend Hlophe now, urges Freedom under Law

By Daily News Published on Tuesday, 02 March 2021
Tags: #General Legal Practice
Freedom Under Law says Western Cape Judge President John Hlophe is unfit to be a judge and should be suspended pending the conclusion of the proceedings for his removal from office.

MTI opposes final liquidation

By Daily News Published on Tuesday, 02 March 2021
Tags: #Criminal Law #Insolvency Law #Litigation
Mirror Trading International (MTI), suspected of fleecing investors of up to R8bn, put a spanner in the works by informing the Western Cape High Court that the company is opposing a final liquidation.

Minister vicariously liable for dog attack

By Daily News Published on Tuesday, 02 March 2021
Tags: #Litigation #Personal Injury Law
The Minister of Justice & Correctional Services is being held vicariously liable for the damages suffered by a prison official who was attacked by a colleague’s three dogs.

NPA decides not to appeal sunflowers murder ruling

By Daily News Published on Tuesday, 02 March 2021
Tags: #Criminal Law
The NPA will not be appealing the SCA judgment which acquitted the two men found guilty of murdering 16-year-old Matlhomola Moshoeu in Coligny, North West, says a News24 report.

Mayor moves to stop PE name change

By Daily News Published on Tuesday, 02 March 2021
Tags: #Administrative Law
Nelson Mandela Bay Mayor Nqaba Bhanga has written to Arts & Culture Minister Nathi Mthethwa to request that he reverse the new name of Gqeberha back to Port Elizabeth – because the new name doesn't have meaning, says a News24 report.

Tribunal told of SAPS sanitiser deal over-charging

By Daily News Published on Tuesday, 02 March 2021
Tags: #Criminal Law #Litigation
Two companies accused of overcharging SAPS for hand sanitiser appeared at the Competition Tribunal yesterday in the first Covid-19 excessive pricing case involving the public sector.

RAF damages claim ‘devoid of truth’

By Daily News Published on Tuesday, 02 March 2021
Tags: #Litigation #Motor Vehicles #Personal Injury Law
A driver’s overtaking manoeuvre in June 2016 came under scrutiny in the Eastern Cape High Court (Mthatha), where his damages claim failed so dismally that it was found devoid of merit.

Buying and Selling Property: Nine Important Questions

By Ashersons Attorneys Published on Tuesday, 02 March 2021
Tags: #Property Law
Buying and selling property can seem to the layperson like a complex process, fraught with arcane legal terminology and risk. Relax, help is at hand! To ease you into the process in clear and plain language, we ask (and answer) nine common questions asked by both buyers and sellers. We include a link to a simple but useful Guide from the Law Society of South Africa, with a discussion around why taking legal advice upfront is a no-brainer for both parties, plus we share some thoughts on planning your finances to avoid nasty surprises, and some pointers to common pitfalls.

Can Employees Resign to Dodge Disciplinary Hearings?

By Ashersons Attorneys Published on Tuesday, 02 March 2021
Tags: #Employment and Labour Law #Litigation
It’s an age-old workplace dodge – threatened with a disciplinary hearing and fearing a guilty verdict, an employee resigns with immediate effect and walks out the door with a defiant “Well that’s it, you just lost your right to discipline me. See you around, loser”.

Landlords: Can You Cut Electricity to Collect Arrears or Evict?

By Ashersons Attorneys Published on Tuesday, 02 March 2021
Tags: #Landlord Tenant Law #Litigation #Property Law
A landlord battling a problem tenant may be tempted to bypass the delays and cost of legal action with some robust “self-help” action, like cutting electricity or water, or blocking access to the premises with a change of locks or access cards. The problem is that our law has always frowned on the concept of “taking the law into your own hands”. A landlord doing so acts unlawfully, allowing the tenant a quick and powerful remedy in the form of a “spoliation order”. We discuss what that entails, what the tenant must prove, and (by referring to a recent High Court decision) whether the landlord can successfully argue that a right to an electricity supply is just a “personal right” and thus not covered by the spoliation remedy.

Hlophe decision to take charge of Bongo trial questioned

By Daily News Published on Monday, 01 March 2021
Tags: #Criminal Law
Questions are being raised about why Western Cape Judge President John Hlophe appointed himself to preside over the corruption case against former President Jacob Zuma acolyte and former State Security Minister Bongani Bongo.

Malema drops R1m claim against VBS loot accuser

By Daily News Published on Monday, 01 March 2021
Tags: #Litigation #Personal Injury Law
Faced with the possibility of a trial, where witness evidence would be led, Julius Malema has dropped his R1m defamation claim against a former MP who claimed the EFF leader had confessed to getting money from the looted VBS bank.

Dlamini pension held against R2m payback claim

By Daily News Published on Monday, 01 March 2021
Tags: #Litigation
The SA Social Security Agency (Sassa) blocked former Social Development Minister Bathabile Dlamini's pension payout to recoup the R2m the agency paid for VIP protection of her children back in 2015.

Commission hears Minister influenced by Guptas

By Daily News Published on Monday, 01 March 2021
Tags: #Criminal Law #Litigation
The State Capture Inquiry has heard how a list of recommendations for an Eskom board subcommittee flowed from Gupta lieutenant Salim Essa to previous Public Enterprises Minister Lynne Brown.

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