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D-Day at last as Zuma asked to sell out Guptas

By Juta and Company (Pty) Ltd Published on Monday, 12 February 2018
General Legal Practice
The ANC’s apparent aversion to simply taking the President Jacob Zuma exit matter to Parliament and putting it to the vote of no confidence test is evident in the latest claims that the party is ready to offer Zuma the chance to escape any state capture prosecution that might be brought against him by turning state witness against the Guptas and other major role players, notes Legalbrief.

Courts at odds on debt review issue

Debt counselling, implemented as an alternative to sequestration for indebted consumers, is a ‘disaster’ for many consumers, according to practitioners. Rapport notes that the issue of customers wanting to abandon the debt review process has become more complicated with the Western Cape and Gauteng High Courts at odds on the matter.

Legal fraternity fights move on property transfers

A company which claims to have a business model to deal with the day to day administrative aspects of property transfers has run up against the legal fraternity, which says transfers in law are the preserve of conveyancers or legal practitioners, notes Legalbrief.

Attorney jailed for 30 days for contempt

By Juta and Company (Pty) Ltd Published on Monday, 29 January 2018
Criminal Law General Legal Practice
Handcuffs finally snapped shut around the wrists of Durban attorney Ajay Debba when‚ after ‘ducking and diving’ for two months‚ he was arrested at court on Friday and taken to Westville Prison to serve 30 days for contempt of court. A TimesLIVE report says Debba – who has also been suspended from practice by the KZN Law Society – is accused of stealing money from people through bogus property deals.

Judge urges mediation for medical negligence claims

Retired Judge Neels Claassen has urged parties involved in medical litigation to seek mediation as an alternative to protracted court battles in negligence claims. A report in The Herald says Claassen was presenting a paper to candidates on the advantage of mediation versus litigation stemming from medical negligence by doctors and other health professionals.

Builders delay class action to recover government debt

By Juta and Company (Pty) Ltd Published on Friday, 19 January 2018
General Legal Practice Litigation
Master Builders SA (MBSA) has postponed a planned class-action application against the government to recoup billions owed to its members for work done for municipalities, provincial and government departments, and state-owned enterprises in order to engage the National Treasury in a last-ditch attempt to resolve the problem.

Sheriff operated illegally for nine months

By Juta and Company (Pty) Ltd Published on Monday, 04 December 2017
General Legal Practice Litigation
Lawyers who used the services of KZN South Coast’s former sheriff Margaret Matthews could find themselves taken to court by those seeking restitution after she was found to have operated without a fidelity fund certificate for nine months, notes a Sunday Tribune report. Matthews, who vacated the office in September, executed summonses, notices, warrants and court orders in the Umzinto, Pennington, Hibberdene, Turton, Scottburgh and Vulamehlo areas.

McKinsey yet to arrange Eskom refund

By Juta and Company (Pty) Ltd Published on Friday, 17 November 2017
General Legal Practice Litigation
Disgraced consulting firm McKinsey is still to make arrangements for the return of the cash it received from Eskom in an unlawful contract. A Business Day report says McKinsey has also declined to account for the R564m Eskom paid to the Gupta-linked Trillian, which initially had been introduced as McKinsey’s local supply development partner. The firm said it would pay back only the R1bn it had received from Eskom.

Cape Minstrels lose funding bid

By General News Published on Thursday, 09 November 2017
General Legal Practice Litigation
The Western Cape High Court yesterday dismissed an urgent application by the Cape Town Minstrel Association (CTMA) as it attempts to challenge the City of Cape Town’s decision not to award it money to host Tweede Nuwe Jaar celebrations. A Cape Times report says the urgent application by the CTMA last week against the city, their rival the Kaapse Klopse Karnival Association and SAPS was heard this week by Judge Robert Henney.

Pauw action is 'apartheid-style state censorship'

By Juta and Company (Pty) Ltd Published on Monday, 06 November 2017
Civil Rights General Legal Practice
The Publishers Association of SA (Pasa) says it is likely that the State Security Agency’s (SSA’s) cease-and-desist letter to author Jacques Pauw and NB Publishers – which released Pauw's book The President's Keepers – is the first of its kind to be served on any publisher or author in democratic SA, according to a BusinessLIVE report.

Garnishee fraud remains rampant

Despite the Constitutional Court’s landmark ruling on the illegality of certain practices in the administration of garnishee orders – made more than a year ago – activists claim that fee-gouging and fraudulent court orders are continuing unabated, according to Business Day. Lisinda Bailey, one of the applicants in the Western Cape High Court case on garnishee orders that was confirmed by the Constitutional Court, says her life was ruined by the irresponsible granting of credit and subsequent garnishees.

English is language of record in courts

By Juta and Company (Pty) Ltd Published on Monday, 02 October 2017
General Legal Practice
English will be the only language of record in SA courts, according to Chief Justice Mogoeng Mogoeng. ‘Nobody is saying South Africans are not permitted to speak in their mother tongue in a court of law. We are just saying, to facilitate efficiency and a smooth running of the court system ... We (should) have everything that is said in a particular case captured in one language that is understood by all the judges – and that language is English,’ he is quoted as saying in a News24 report.

Small Businesses and POPI: Not Crying Wolf This Time?

POPI (the Protection of Personal Information Act) will provide welcome protection for our personal information – our names, ID numbers, addresses, medical histories and so on, but the other side of the coin is that it will expose small businesses in particular to a whole new raft of onerous obligations and risks.

Time to cap medical malpractice claims

Attorneys have gravitated to medical malpractice claims as a source of revenue after changes in compensation offered by the Road Accident Fund. Medical malpractice underwriters are questioning the sustainability of their insurance products following the explosion of the medical litigation industry, says medical rapporteur Melody Emmett in an analysis in Business Day.

Investors short-changed by 95 cents in rand

Investors in Herman Pretorius’ Relative Arbitrage Trust Fund should prepare themselves for a return of as little as five cents in the rand, according to a provisional liquidation and distribution account filed by the liquidators. Die Burger reports that the account shows only R63m available for distribution.

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