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Gauteng’s judicial crisis – unblocking the backlog

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South Africa's Constitution is clear and unambiguous. Every person has the right to resolve disputes through the application of law. A fair and public hearing must adjudicate these disputes before a court or, when appropriate, an independent tribunal or forum. This right is more than a procedural safeguard; it is a core principle enshrined in the constitutional framework.

Employment contracts – legal clarity matters

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In Bithrey vs Department of Health, Gauteng (Lex Info, 7 October 2024, Case number JR1478/22, Labour Court), Bithrey worked as a registrar. The employer appointed her to perform clinical work at one of its hospitals. It also required her to enroll at Pretoria University for a period of five years.

Communal property associations reform

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Communal property associations reform aims to address longstanding governance challenges and enhance the effective management of community-owned land. The Restitution of Land Rights Act 22 of 1994 allowed individuals and communities to claim rights to dispossessed land. This dispossession occurred due to past racially discriminatory laws or practices.

Climate Change Act – a crucial catalyst for action

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Frequent and intense weather events and devastating effects of climate change are being experienced all over the world. According to the United Nations Development Programme (UNDP), over the past 50 years, extreme weather events have caused two million deaths and cost USD4 trillion in economic losses.

Counterfeit crime sentencing – the dilemma of leniency

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We see it weekly in the news. Headlines like “South African National Anti-Counterfeit Task Force seizes counterfeit goods worth R100 million, suspects arrested” capture attention. However, what happens to these suspects after their arrests and charges?

Income loss claims – insights from a traditional healer’s judgement

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A traditional healer's income loss claim in a recent High Court case highlighted the complexities of compensating for personal injuries.

Insurance disputes and appraisals

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Insurance disputes and appraisals often arise when determining the value of damaged or destroyed property under policy limits. Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established.

Revenge porn and legislation – navigating legal challenges

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Revenge porn and legislation have become critical issues, as victims face complex legal challenges in seeking justice and protection. The internet and digital platforms have significantly impacted privacy rights and the legal landscape. Social media, blogs, and other online forums have created a complex cyber landscape.

Legal deadlines and holidays – can postponements deliver justice?

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During the festive season in South Africa, most activities halt, including court operations. Regarding legal deadlines and holidays, the Rules of Court recognise dies non (days courts do not sit). These dates, though varying yearly, typically span from December 16 to January 15. This break provides essential relief for all role-players. However, it also creates challenges for litigating parties.

Lobola, marriage and homeownership – navigating the implications

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In many African cultures, the conclusion of lobola negotiations marks a major milestone. It symbolises the formal union of two families. While this deeply rooted tradition is widely embraced, fewer people understand its impact on homeownership.

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