Articles
NEWS ITEM
Surrogacy and the Law in SA
Surrogacy is a method of assisted reproduction where intended parents work with a gestational surrogate who will carry and care for their baby (ies) until birth. The intended parents use surrogacy to start or grow their families when they can't do so on their own. A...
Strike Action: The Proper Procedure to Follow
Section 213 of the Labour Relations Act, No 66 of 1995 (LRA) defines a strike as “the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for...
NFT now recognised as property in the UK – what does this mean for South Africa?
The UK's High Court has recognised NFTs (non-fungible tokens) as "property". In South Africa, our courts may consider and be guided by foreign jurisprudence and therefore this is a very useful development for all of us. But before we get to the core, by way of a...
The Three-Year Deadline – When Suspicion becomes the Date, the Clock Starts Ticking…
We have been aware of the period we refer to as prescription in law, where there is time barring on the ability to claim a debt. Quid essentially, when does the time start running? From a general point of departure, it is when the debt becomes due. But what about a...
Civil Litigation – an Overview
Litigation is the process of taking a legal dispute to court. Civil litigation is ordinarily between two or more parties and is conducted in a public forum. This process is formal and highly regulated. The entire matter is of public record for anyone, including the...
What Is A Nft, And Is This Even Legal ?
We find ourselves in a digital age where information is being shared rapidly. This, coupled with the rising number of new technological advances and the emergence of cryptocurrency and Blockchain, can be challenging to keep up with the latest trends, inventions and...
Has POPIA Finally Been Given a Set of Teeth?
Many critics have noticed a trend in court decisions not to invoke POPIA, or the Protection of Personal Information Act 4 of 2013, as amended, in its reasoning toward judgments. For example, even the recent order to publish Matric results in the media lacked judgment...
How To Legally Evict a Tenant For Not Paying Rent
So you have been stressing for months about unpaid rent due from your tenant, and you are unsure how to remedy the situation. On top of that, you are unsure if you may evict your tenant legally, as you don't have a written lease agreement. Whether you have a written...
Let us Talk about the Provisional Sentence Summons
The South African civil litigation process forms two main branches: application and action proceedings. Provisional Sentence Summons is a mechanism that forms part of action proceedings and requires specific criteria to be met in order to utilise it. Overview The...
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