Practice News
- Lawyers Misbehaving:
- Much has been made in the news of Mr. Simelane being nominated for appointment as NDPP leader, despite the Constitutional Court having questioned his integrity. If a Society of Advocates launches an application for a member to be struck from the roll citing they are not a “fit and proper person,” it is a serious matter.
- The ongoing public polemic on unfit judges has spilt over into a report that the SCA dismissed a bid by a Bloemfontein judge to stay prosecution related to funds received from the RAF.
- Judges Matter has called for the immediate suspension of a judge allegedly taking a bribe from a church group. They have described the judiciary as chronically under-capacitated.
- Take a look: Judges Matter: 2025 a Critical Year
- Progress in the Judiciary:
- Professor Pierre de Vos (UCT) suggests that despite these issues, there has been marginal progress.
- Read more: Pierre de Vos Analysis – News24
- Minister of Correctional Services:
- Advocated for the revival of corporal punishment to reduce prison populations; however, this is likely “dead on birth” due to constitutional constraints.
- Industry Statistics:
- Stats by Codera show extremely high net profit margins in financial and real estate services.
- View stats: Codera Industry Performance
- SARS Tax Settlement Agreements:
- The Daily Investor reports the High Court ruled that SARS must honour tax settlement agreements, regardless of internal administrative difficulties.
- Employment Law & Restraints of Trade:
- Restraints of trade may be enforced even after the dismissal (rather than resignation) of an employee.
- Link: Bowmans: Restraint of Trade Obligations
- Remote Work & Constructive Dismissal:
- An article explores whether compelling an employee to return to the workplace after remote work ends constitutes constructive dismissal.
- Link: Bowmans: Remote Work Analysis
- Domestic Workers:
- Domestic workers may now join the trade union SADSAWU.
- Banks and Debt Recovery:
- Nedbank failed in a vehicle repossession attempt due to an incorrect Section 129 notice.
- FirstRand was held liable for a defective second-hand bakkie despite arguing they were merely the credit provider.
- Litigation & Arbitration:
- Irregular Step Notices: Will only succeed if the objector hasn’t taken a further step or can show prejudice. CAF: Irregular Step Applications
- Arbitration Clauses: What a good clause should cover. CAF: Arbitration Guide
- Shareholder Protection:
- Bowmans overview on draft guidelines for minority shareholder protection.
- Link: Bowmans: Minority Shareholder Protection
- LPC & Admission Exams:
- Attorneys’ admission exams now comprise a five-paper sitting.
- Proposed amendments to Rule 51 A of the Magistrates’ Courts Rules are out for comment.
- Personal grievances shared regarding LPC bookkeeping and aggressive debt collection for non-due fees.
- SARS Penalty Case:
- The SCA ruled against a colleague who filed false nil returns, despite arguments of no intentional evasion.
- Case link: ZASCA 2025/183
Hard News
- General Damages (Pain & Suffering):
- Does a lack of awareness of pain preclude a claim for general damages?
- Read more: De Rebus: No Awareness, No Compensation?
- Subrogated Claims:
- Exploring whether these constitute a separate course of action.
- Link: De Rebus: Rethinking Subrogation
- RAF Practitioners:
- A complex case involving the right to a fair public hearing and leave to amend a plea.
- Case link: ZASCA 2025/174
Conveyancing
- Muslim Marriages:
- The impact of issuing a talaq on maintenance claims after divorce proceedings have started.
- Link: STBB: Muslim Marriages & Maintenance
- Export of Funds:
- Updated income transfer rules for non-residents.
- Link: STBB: Exchange Control Update
- Matrimonial Home Sales:
- Can a wife withhold consent to block the sale of the marital home during a divorce?
- Link: News24: Court Rules on Marital Home Sale
- Sectional Title Units:
- Meeting requirements for the adoption of an extension of a section.
- Case link: ZASCA 2025/176
- Contractual Non-Compliance:
- Regarding payment terms and the threat to withhold deposits as a penalty.
- Case link: ZAGPJHC 2025/1165
Lighten Up!
- How do you know when an accountant celebrates Christmas?
- He doesn’t wear a tie and comes in after 8 am!
- ~
- A fine is a tax for doing wrong.
- A tax is a fine for doing well.
- ~
Contributed by:
Daan Steenkamp Attorneys
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