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Can the court appoint a second guardian for a child without removing the existing guardian?
By Sasha Kadish Answer: Yes, according to the judgment of R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219 (14 March 2023). In this case, the Court
What is the effect of a restraint of trade clause when a business is sold?
A client asked if she is bound by the restraint of trade undertaking contained in her employment contract when her employer sold the business as
Superannuation – can a court dismiss a civil action or application for an inordinate delay in prosecuting the matter?
Section 34 of the Constitution provides that everyone has the right to have any dispute that the application of law can resolve, decided in a
Product liability – sue under the common law or CPA?
Written by Dr Sarah-lynn Tennant. This is a summary of an article written by Dr Tennant. Interested readers can view her detailed analysis here. Defective
The test for foreseeability of harm
Editor’s note: the Plaintiff in this matter chose to sue in terms of common law (also termed as product liability ex delicto). The injured plaintiff
Are you unhappy with your arbitration award?
By Sharusha Moodley A party who is dissatisfied with an arbitration award may seek to have it reviewed on limited grounds. It is important to
New Minimum Wage And the Earnings Threshold
The Earnings Threshold Effective from 1 April 2024 the earnings threshold will increase from R241 110.59 per annum (R20 092.54 per month) to R254 371.67
Failure to follow cancellation clauses in a contract.
A party who fails to follow a contractually prescribed termination procedure does so at its peril. In the Supreme Court of Appeal (‘SCA’) case of
Customary marriage followed by a civil marriage to a second wife
A client asked if a man can’t marry a woman according to customary law and then later marry someone else in a civil ceremony. The
CCTV cameras and harassment
A client asked if he could lay a criminal charge against a neighbour because her CCTV camera points directly at his bedroom window and invades