On 29 November 2024 the Supreme Court of Appeal found that, where the National Consumer Commission was represented in the high court by a former attorney who had no right of appearance because his name had been struck from the roll of legal practitioners, it fundamentally prejudiced the administration of justice and the proceedings were a
2024
Journal entries to settle debts as misleading regulatory return

On 4 December 2024 the Financial Services Tribunal found that a journal entry processing a transaction on the last day of the month and reversed the very next day in order to reflect a loan as terminated in a regulatory return under the Mutual Banks Act of 1993 resulted in a misleading return which the Prudential…
Legal privilege in investigations: the Steinhoff investigation report


This blog was co-authored by Neshalia Nayagar and Eric Geldenhuys, Candidate Attorneys.
Legal professional privilege attaches to communications between a client and their attorney. Where the privilege applies, documents are shielded from disclosure to other parties or in the public domain.
In Ibex v Tiso Blackstar & Others the Supreme Court of Appeal, in its…
Dimension Data Facilities & Others vs. Identity Property Co & Others: A Cautionary Tale of Corporate Malfeasance
In a judgment delivered on 25 November 2024, the High Court of South Africa, Gauteng Local Division, Johannesburg declared a series of transactions involving Dimension Data Facilities (Pty) Ltd (Dimension Data Facilities) and Identity Property Co (Pty) Ltd (Identity PropCo) void and invalid. This case is poised to become a significant…
Commencement of the Employment Equity Amendment Act on 1 January 2025

This blog was co-authored by Raees Halim, Candidate Attorney.
On 12 November 2024, the Minister of Employment and Labour (the Minister) signed the long-awaited Employment Equity Amendment Act, 2022 into force with effect from 1 January 2025. The Amendment Act can be read here.
The Amendment Act introduces several significant changes to the Employment…
Transport, Trade and Logistics Update

Insurable interest under South African law revisited
Introduction and background
Insurable interest continues to evolve under English and South African law and should be front of mind for parties involved in the logistics sector who want to manage their risk. The general approach taken by the courts in both countries is to ask whether the…
Examining the Burden of Proof in Medical Negligence: Insights from K.C.M. obo R.M. v MEC for Health, North West [2023] ZANWHC 45

This blog was co-authored by Danita Mungaroo, Candidate Attorney.
This case highlights the complex intersection of medical negligence claims and evidentiary challenges, focusing on the alleged failure of healthcare providers at clinics and hospitals to adequately monitor and manage labour. The absence of medical records, the court could not attribute the event to negligence.
The…
Section 54 of the Long-term Insurance Act

This blog was co-authored by William Hayne, Candidate Attorney.
In September 2024 the High Court found that the policy wording and section 54 of the Long-term Insurance Act of 1998 allowed the policyholder to either cancel her investment policy as a whole or make a partial withdrawal but not both.
The policyholder had invested her inheritance…
The importance of a certificate of balance in seeking a monetary judgement

This blog was co-authored by Shay Roper, Candidate Attorney.
The case of Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others highlights the importance of a creditor, seeking a monetary judgment, to determine and reflect the capital sum and interest payable, in the affidavit and certificate of balance in…
The critical role of the McRobert’s manoeuvre in preventing birth injuries

This blog was co-authored by Phumla Zitha, Candidate Attorney.
Time is of the essence in cases of shoulder dystocia during childbirth. Shoulder dystocia is a medical condition that occurs when one or both baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Immediate medical intervention is required as a…