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Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.

SCA rules against adopted children benefiting from trust

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Estate Planning & Trusts #Litigation
The SCA ruled last week, in a 4-1 decision, that the trust created by a donor for the benefit of his children and their descendants did not include two stepchildren adopted by one of his daughters, notes TimesLIVE. In this case, Louis John Druiff executed a Notarial Deed of Trust as well as a will 'for the benefit of his children and their descendants'.

State set to appeal Muslim marriage ruling

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Civil Rights #Marriage and Divorce Law #Family Law #Litigation
The government will research the law governing the recognition and dissolution of all religious marriages, as it plans to appeal a Western Cape High Court judgment that ordered the state to recognise Muslim marriages under law. According to a Cape Times report, the Women’s Legal Centre (WLC) had argued that by not recognising Muslim marriages under common law, Muslim women were not afforded legal protection and did not have access to the courts to assert their rights.

Premier tries to gag newspaper over recording

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Civil Rights #Litigation #Personal Injury Law
Limpopo Premier Stan Mathabatha is a public figure and he should behave. According to City Press these were the words of Judge Nelisa Mali before dismissing an urgent application by Mathabatha to gag the newspaper on Saturday night. Mali agreed that the matter was urgent, but dismissed the application with costs.

Newspaper fails to prove defence of truth

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Litigation #Personal Injury Law
The Eastern Cape High Court (Grahamstown) has awarded R20 000 damages to a man who was party to encouraging a mass occupation of municipal land in Mdantsane, after it found the Daily Dispatch had defamed him. The court found that while Mzukisi Soyi may have acted unlawfully by encouraging the illegal occupation of municipal land and use of electricity, the newspaper had defamed him by incorrectly reporting he had sold the plots to people as part of a ‘scam’.

First e-toll test case in the offing

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Litigation #Motor Vehicles
The long-awaited test case of e-toll defaulters has been handed to Judge Ronél Tolmay of the Gauteng High Court (Pretoria), says Rapport. The defendant is Thandanani Packers & Hauliers, of Benoni, which allegedly owes Sanral more than R400 000.

ANC registers concern over digital divide

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Competition Law #Science & Technology Law
The ANC is concerned about the digital divide due to high data costs and has joined mobile data service providers in the call for ‘more spectrum’, says a Fin24 report. Noting ‘the cost of data in SA is significantly higher than other African countries’, the ANC's Phelisa Nkomo said the release of spectrum would lessen the network burden of operators. This submission was made on the third and final day of the Competition Commission’s Data Market Inquiry on Friday in Pretoria.

Youth League uses liquidation as defence

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Insolvency Law #Litigation
The financial affairs of the ANC Youth League (ANCYL) took centre stage at the KZN High Court (Durban) on Friday during a matter involving the ANCYL and the civic organisation, Active Citizens Movement (ACM), says a Sunday Tribune report. The ACM brought an application in April last year to prevent the Youth League from disrupting a memorial service it had organised for ANC stalwart Ahmed Kathrada. Despite an order being in place, the memorial descended into chaos with speakers being booed.

Maiden's Cove plan irregular

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Administrative Law #Litigation
Legal advice given to the City of Cape Town reveals that the development plan for Maiden’s Cove was irregular and the City was advised not to proceed with the development. A Cape Argus report notes legal advisers JJ Gauntlett SC QC and FB Pelser said in papers: ‘We consider that the process followed to date with regards to the Maiden’s Cove development is irregular and will be set aside on review. This despite the delay.’

US ambassador-to-be in family court battle

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Estate Planning & Trusts #Litigation
SA-born handbag designer Lana Marks, the globe-trotting businesswoman who is tipped to be the next US ambassador to SA, is caught up in a family feud playing out in the Eastern Cape High Court (Grahamstown). A Sunday Times report notes Marks is embroiled in a spat with her two siblings over control of their parents’ assets worth millions. She has been accused by her brother Malcolm Bank and sister Anne Pogroske of transferring their parents’ apartment in Trump Plaza in West Palm Beach, Florida, into her name without her siblings’ knowledge.

Judge overturns teacher’s dismissal by arbitrator

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Labour Law #Litigation
A primary school teacher fired for hitting and kicking pupils and smacking a mother has been thrown a lifeline says a Times Select report. Port Elizabeth Labour Court Judge Connie Prinsloo said an arbitrator’s rubber-stamping of Rubin Kleinbooi’s dismissal was ‘grossly irregular’.

Twins by different dads gets court go-ahead

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Family Law #Litigation
Judge Siraj Desai, of the Western Cape High Court, has authorised the Cape Fertility Clinic to perform artificial fertilisation requested by a same-sex couple that includes the simultaneous transfer of one embryo fertilised with sperm from the one father and another that had been fertilised by his husband. If the in vitro fertilisation is successful, the couple’s children would be twins with different DNA, notes a Sunday Times report.

Taxi owner's lawyer alleges 'ambush' by state at bail hearing

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Criminal Law
The man who taxi owner, Colin Booysen, and his bodyguards are accused of shooting dead had tried to break away from a gang the state alleges Booysen is part of, the Bellville Magistrate's Court heard on Friday, notes a News24 report. However, Booysen's lawyer strongly rejected that Booysen or the guards were involved in any gang activity. He was also outraged that a new charge of attempted murder was brought against his clients on Friday during the second part of their bail application.

Existing land claims battle heads back to ConCourt

By Juta and Company (Pty) Ltd Published on Friday, 19 October 2018
Tags: #Litigation #Property Law
The battle over the state’s bid to process new land claims while it has not settled those brought 20 years ago is headed for a fresh round at the Constitutional Court, says a report in The Star. Admitting to having failed to comply with the court’s order to re-enact legislation within 24 months to enable processing of new claims, Parliament has pleaded for an extension of the deadline. The state sought to be allowed to process the 163 383 new claims it accepted between 2014 and 2016.

Now coal mines facing class action suit

By Juta and Company (Pty) Ltd Published on Friday, 19 October 2018
Tags: #Litigation
The Southern African Catholic Bishops Conference (SACBC) and human rights lawyer Richard Spoor are preparing another class action suit, this time against coal mining companies on behalf of miners suffering from pneumoconiosis, also called black lung disease, and their families. The sick coal miners are from Limpopo, Eastern Cape, Free State, Mpumalanga and KZN, says TimesLIVE.

Data costs depend spectrum

By Juta and Company (Pty) Ltd Published on Friday, 19 October 2018
Tags: #Science & Technology Law
Both Vodacom and MTN have indicated data prices could fall dramatically when access to new radio frequency spectrum becomes available, notes Legalbrief. This became evident at the Competition Commission’s public hearings as part of its inquiry into the country’s data costs, which are perceived to be abnormally high.

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