Written by and Alisha Naik and Dean Scher, Candidate Attorneys; and Chantelle Gladwin-Wood, Partner 14 April 2021 Introduction This article explains the need for a change to the law to permit electronic service of documents by the sheriff. The authors hereof drafted a petition to the Minister of Justice and Constitutional Development (“the Minister”) to

Written by and Alisha Naik and Dean Scher, Candidate Attorneys; and Chantelle Gladwin-Wood, Partner 13 April 2021 Introduction This article is written off the back of a petition drafted by the authors hereof to the Minister of Justice and Constitutional Development (“the Minister”) to amend the Justices of the Peace and Commissioners of Oaths Act

Case summary written by Dean Scher and checked by Sean Buskin 30 March 2021 Background This is a review application brought in terms of Section 304A of the Criminal Procedure Act, 51 of 1977 (the “CPA”). The two accused persons, Malibongwe Papiyana and Luvo Mbana, were convicted by the Regional Court Magistrate of Lady Frere

Case summary written byDean Scher and checked byLoyiso Bavuma 19 March 2021 BACKGROUND This was an application wherein the plaintiff (“the Applicant”) sought summary judgment against the defendant (“the Respondent”) founded upon a breach of a written instalment sale agreement (“the agreement”) concluded between the parties in respect of a motor vehicle. In the action,

Case summary written by Dean Scher and checked by Danmari Duguid 20 November 2020 BACKGROUND: This judgement dealt with an application for condonation brought by the plaintiff (“Higgs”), related to the main action proceedings between the parties. Higgs had instituted a claim for damages after he suffered injuries due to an accident while riding his

Case summary written by Dean Scher and checked Ayanda Katjitae 13 October 2020 Background The focus of the judgment is whether the Court has jurisdiction to make an order based upon the agreement of the parties’ legal representatives, where one of the parties had not agreed to the order. Mr Mark Gary Denby, (“the Plaintiff”)

By Dean Scher and Stefan Bezuidenhout  BACKGROUND This is an appeal against the decision of the court a quo, the North West Division of the High Court, Mahikeng, to the Supreme Court of Appeal (“SCA”). The judgement is the unanimous decision of the full bench of the SCA, Judge Plasket being the author of the

By Dean Scher, Candidate Attorney and Caitlin Wilde, Partner Introduction Economic uncertainty has affected every stratum of society. This article seeks to explore the practicalities of the business rescue process and the effect of entering into business rescue on a contract of lease. The purpose of the business rescue procedure, as enacted under the Companies