Written by Megan Brook, Candidate Attorney and checked by Jayna Hira, Associate Introduction Drafting a valid Will is vital in ensuring that one’s assets are distributed according to their wishes upon their death. In this regard, there are many legal formalities under South African law that one must consider when drafting their Will. These may

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 by Blake Liam Hamilton and checked by Khotso Mmatli. 25 February 2021 Background The matter concerns an application for leave to appeal brought by the first Respondent (“Umalusi”) against an interlocutory ruling of the High Court of South Africa, Gauteng Division, Pretoria (the “Court”) refusing Umalusi permission to file a further affidavit.

Case summary written by Jarrod Van Der Heever and checked by Courtney Altmuner.                                           26 March 2021 Background The case at hand came before the High Court of South Africa Eastern Cape Division, Bhisho (“the Court”) involves an application for summary judgment by Mariswe (Pty) Ltd (“the Plaintiff”) against The MEC for Roads and Public Works

Drainage of water THE COMMON LAW RULE AND WHY THIS CASE IS IMPORTANT The general rule in our law is that lower-lying properties are obliged to accept water from higher-lying properties. This may seem very simple but as this case explains there is more to this issue. The facts In this matter, the two parties

Case summary written by Lesai Seema and checked by Ashleigh Butler 24 March 2021 Background This appeal commenced in the Court of the Commissioner of Patents as a patent infringement action instituted by GROUNDPROBE PTY LTD & GROUNDPROBE SOUTH AFRICA (PTY) LTD (the “Appellants”) against REUTECH MINING (PTY) LTD, REUNERT APPLIED ELECTRONIC and HOLDINGS (PTY)

Written by Danisha Naidu, Candidate Attorney, Divina Naidoo, Associate, and Marc Gevers, Candidate Attorney Introduction This article discusses Strategic Lawsuits Against Public Participation (“SLAPP suits”), and to what extent SLAPP suits are contrary to fundamental constitutional values and potential abuse of court process, as contemplated in the recent ground-breaking judgment made by Judge Goliath in

Case summary written by Elani Vogel and checked by Courtney Altmuner 24 March 2021 Background During 2019, the AmaBhungane Centre for Investigative Journalism NPC, an independent, non-profit newsroom based in South Africa (“the centre”), and Mr Sam Sole, an executive director of the Centre and journalist, who had been the subject of state surveillance (“the

Case summary written by Wade O’Connor and checked by Courtney Altmuner. 23 March 2021 BACKGROUND On 9 November 2020, the High Court of South Africa, Gauteng Division, Pretoria (the “Court”) was presented with a matter regarding the rights of “interested and affected parties”, as contemplated in the Mineral and Petroleum Resources Development Act 28 of

Case summary by Katleho Selepe and checked by Kyle Venter. BACKGROUND The First Appellant is Jose Acquino Monterio (herein referred to as “Monterio”) The Second Appellant is Autoglen Motors (Pty) Ltd (herein referred to as “Autoglen”) The Respondent is Kenneth Leonardo Diedricks (herein referred to as “Diedricks”) Diedricks obtained a spoilation remedy from the High