The Supreme Court of Appeal, not surprisingly, found that a maintenance order made by a court is subject to a 30 year prescription period because it is a “judgment debt” for the purposes of section 11(a)(ii) of the Prescription Act of 1969.
The appellant husband had an unpaid maintenance debt of over R3.5 million as
On 11 June 2021, South Africa’s landscape regarding mandatory vaccination in the workplace changed with the publishing of the Consolidated Directions on Occupational Health and Safety in certain workplaces (the Directive). This Directive led to wide debate on an employer’s ability to mandate employees to receive the Covid-19 vaccine. Employers potentially face reputational and financial
The “provision of goods and services” as government procurement under section 217 of the Constitution
The Supreme Court of Appeal held that the requirements of section 217(1) of the Constitution regarding fair, equitable, transparent, competitive and cost-effective procurement were not met where a private contracting party was providing services to smallholder farmers to promote beef
In recognition of the increase in the adoption of digital channels by financial consumers, in late 2021 the FSCA published a Digital Banking Research Report on the state of digital banking activities in South Africa. The term “digital banking” refers to the digitisation of traditional banking services in order to more efficiently deliver financial services
In this particular judgment, discussed here the Supreme Court of Appeal held that the phrases “of whatsoever nature” and “howsoever arising” as used in the disclaimer clauses in the contract under consideration should be given their ordinary literal meaning. This is consistent with earlier judgments.
Those clauses are sufficiently wide in their ordinary import
The prescribed rate of interest changed with effect from 1 January 2022 to 7.25% per annum. The previous rate was 7.00%.
According to the Prescribed Rate of Interest Act, interest on debts where no rate is prescribed is calculated at the repo rate plus 3.5%. The prescribed rate of interest applies to all debts unless
In this judgment, the Supreme Court of Appeal upheld the defendant’s reliance on the disclaimer of liability provisions in its warehousing and distribution contract with the plaintiff.
After reviewing relevant judgments on disclaimer clauses and principles, the judgment once again confirms that in appropriate factual circumstances and disclaimer wording, South African courts will uphold
Medical Brief recently published an article written by Donald Dinnie and Rethabile Shabalala. They write that being registered as a health practitioner under the Health Professions Act of 1974 confers certain rights and privileges and corresponding to these rights and privileges are the ethical duties a health practitioner owes to individuals and society.
You can
A number of decisions in the United States courts confirm that there is such a thing as bad faith mediation. Those are considered in this high court judgment.
While those judgments are instructive, it is necessary to recognise the distinction between voluntary and coercive mediation.
High Court Rule 41A is constructed on the premise
This blog was co-authored by Hlonela Mayosi and Heidi Davis, associate designates
A recent decision in the Constitutional Court has provided legal certainty on the application of section 193(2)(b) of the Labour Relations Act, 1995 (the LRA), which relates to reinstatement of employees as the primary remedy when a court or tribunal declares a dismissal