Legal Articles and Guides
General Legal Practice
If you have a legal question and you are not sure which category it belongs in, then ask it under this category. Would you like a qualified Lawyer to assist you with your General Legal question today?
A day before a commission of inquiry – chaired by retired Constitutional Court Justice Yvonne Mokgoro – is expected to hand its report to President Cyril Ramaphosa on their fitness for office in the NPA, the Constitutional Court yesterday had to weigh whether it has jurisdiction to be the final arbiter on suspended NPA heavyweights Nomgcobo Jiba and Lawrence Mrwebi’s fitness to remain on the roll of advocates.
The amended Traditional Courts Bill – ‘rammed through’ the National Assembly's Justice Committee by ANC MPs last week – will be struck down because of the Constitution, says Aninka Claassens, of the Land and Accountability Research Centre at UCT. ‘Among its glaring unconstitutional provisions it creates courts – which can hear criminal matters – where lawyers are not allowed.
Afrikaans as a legal language is for all practical purposes extinct after the Legal Practice Council (LPC) issued a notice last week that the decades-long practice of Afrikaans-language tests for prospective attorneys and advocates are to be scrapped, says Rapport.
Edward Zuma, former President Jacob Zuma's son, is facing legal action again, this time for unpaid legal fees. Zuma faces a R45 662 lawsuit by SP Mncwango & Company, a Durban firm of attorneys, which represented him during his hate speech case in the Equality Court, according to TimesLIVE.
Whoever wants to ban a particular speech act or item must bear the political, legal and ethical burden – a heavy burden – of explaining why the proposed ban is justified in light of salient facts. All of these legal, moral and political issues must be opened up for close public contestation. And, says analyst Eusebius McKaiser, ‘that contestation must itself be celebrated as a healthy rehearsal of the very speech rights that are frequently the subject of the disagreements between us’.
We live our lives beset by so many laws and regulations that even the most law-abiding of citizens will sooner or later be accused of some petty offence or other and then faced with the question “Do I fight this in court or do I just pay the fine and get on with it?”
The last thing you want in any property transfer is any more delay and cost than is already built into the process. Unhappily, that is exactly what is in store if the property’s original title deed is for any reason not to hand. Whether it has been lost or destroyed, you will need your conveyancer to apply for replacement with a certified copy from the Deeds Office.
Insolvency practitioner Dines Gihwala’s once impressive career, which stretched over 40 years, was ended yesterday when the Western Cape High Court struck the practitioner off the roll of attorneys. At the peak of his profession, Gihwala was appointed as one of the curators of fraudster Arthur J Brown’s Fidentia group of companies, which collapsed after plundering millions of rands from pension funds and leaving widows and orphans starving.
What does it take to get a drink in Fish Hoek? Exactly 200 years and a judgment in favour of Pick n Pay. Times Select reports PnP won a Western Cape Liquor Authority appeal this week against the liquor licensing tribunal, paving the way for it to open a liquor store in the town.
It seems logical that the very strong consumer protections in the NCA (National Credit Act) are designed for commercial situations in which credit is advanced by “credit provider” businesses to “credit consumers”. But does the NCA also apply to non-commercial, once-off loans? Like a loan to a friend or relative? And what about property sales?
Minister in the Presidency Responsible for Women Bathabile Dlamini allegedly barred eNCA from entering a hall where she was launching the 16 Days of Activism Campaign in Mthonjaneni, northern KZN, yesterday. According to a News24 report, the broadcaster reported that Dlamini's communications team said she had instructed them that she would only speak to the SABC ‘because they know the parameters’.
Determined to get its law degree re-accredited by next year, Walter Sisulu University (WSU) has roped in internationally acclaimed human rights scholar, academic and lawyer Professor Vinodh Jaichand. A DispatchLIVE report notes Jaichand – previously head of the law school at Wits University – was appointed professor of law in the Department of Legal Studies with effect from 1 November.
The justice system needs to find ways to combat a court system that is ‘frustrating, slow and technologically backward’. In an editorial on the GroundUp site its editors suggest tardy lawyers and judges should be penalised for delaying justice, and say our courts need ‘to go digital and get organised’.
The SA Post Office (Sapo) has again missed its self-imposed deadline to sort through its backlog from the two-week strike in July and still has about 7.8m items to dispatch in order to catch up, says a Business Day report. CEO Mark Barnes has previously said that the Post Office would get back to normal at the end of September and then again at the end of October.
The magistrate in the trial of extortion accused Nafiz Modack and three others has ruled that no photographs of legal practitioners may be taken during the court proceedings in light of the assassination of Advocate Pete Mihalik. Magistrate Bruce Pedro made the ruling on the first day of the trial in the Cape Town District Court yesterday, reports TimesLIVE.