This December 2024 case pertains to a legal dispute concerning the interruption of prescription in a claim for legal fees. The appellant, a firm of attorneys, sought to recover fees for services rendered to the respondents in both their personal and representative capacities. The respondents had initially engaged the attorneys to pursue a medical negligence
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Use of excessive force by a police officer
A December 2024 case involves a claim for damages by the plaintiff, who was shot by a police officer, against the Minister of Police (“defendant”). The claim arose from an incident on 10 January 2019, where the plaintiff was shot in the back by the police officer while allegedly fleeing from the police. The plaintiff…
How unverified research and AI shaped a high court judgment
In a January 2025 judgment the High Court offers a stark reminder of the ethical obligations that underpin legal practice when placing information before a court. What began as a routine application for leave to appeal escalated into a significant cautionary tale, culminating in a referral of the legal practitioners to the Legal Practice Council…
The importance of clear evidence of defamation
In a November 2024 high court judgment, the court considered a defamation case involving an allegedly defamatory statements published on the respondents’ website concerning a health drink product, Jigsimur.
The applicants needed to establish a clear link between the defamatory statements and themselves. The court found that the Applicants failed to provide sufficient evidence to…
When does prescription start to run for a wrongful arrest claim
In a November 2024 case, the appellants were arrested and convicted in the Mahikeng High Court in 2004, receiving life sentences. They pursued appeals against their convictions and sentences but were unable to obtain a complete record of the trial proceedings until October 2012. Upon receiving the record, they lodged their appeals, which were initially…
Province liable for assault by teacher
In a recent case heard by the Northwest High Court, Mafikeng, a judgment was delivered concerning the assault of a minor by a teacher. The plaintiff, the mother of the minor child, successfully sought damages amounting to R7,000,000.00 for future medical expenses, loss of amenities of life, and pain and suffering from the MEC for…
Covid-19, wedding venue contracts, impossibility of performance and unjustified enrichment
This blog was co-authored by Justine Subramoney, Candidate Attorney.
In November 2024, the High Court held that the implementation of the Covid-19 regulations extinguished the contractual obligations between the parties to a wedding venue contract because of supervening impossibility arising from the pandemic. The venue was ordered to refund the claimant R63 008 plus interest, the…
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…
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…
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…