On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Informational self-determination: GDPR and dignity or liberty
For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login, email us and we'll arrange to give you...
read moreLegal writing and drafting: Tips from top professionals
Legal writing and drafting is important because plain and understandable language is now a legal requirement thanks to sec 22 of the Consumer Protection Act 68 of 2008 that came into effect 17 years ago. It will surely be of considerable use to record the advice of a...
read moreSouth Africa 40 years ago: Dealing with dismissal and divorce
Legally the two most important human relationships were treated very differently in South Africa 40 years ago. By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the majority of citizens were deprived of the...
read moreStipulatio alteri: Valid third-party contracts
Third parties may become involved in the contractual relationship between others such as stipulatio alteri (for the benefit of a third-party beneficiary). The third-party beneficiaries may claim the benefit only once they have accepted it and may sue for performance....
read moreVoid for vagueness: Approach when exception taken
Void for vagueness was considered in a recent judgment of the SCA in Loggenberg NO v Maree (286/17) [2018] ZASCA 24 (23 March 2018) and has drawn specific attention to the doctrine of vagueness, more particularly concerning the legal practice of taking exception to...
read moreFactual disputes: Correct approach to adopt
Many years ago the former SCA set out what it regarded as the correct approach to be adopted in resolving factual disputes and to assist practitioners the thrust of that judgment follows. In Stellenbosch Farmers’ Winery Group Ltd and Another v Martell et Cie and...
read morePSCBC Resolution 2 of 1999: Disciplinary principles
It is important to understand that PSCBC Resolution 2 of 1999 developed the principles for a disciplinary code and procedure for the public sector and avoided the need to use language suggesting any form of criminal conduct. See also the Adoption of Incapacity Code...
read moreDrafting restraint clauses: Anticipating future events
The following quote and the summary is taken from an important judgment of SCA justice Malcolm Wallis when he started acting in the High Court. Although it was criticized by Davis J in Mozart Ice Cream Classic Franchises (Pty) Ltd v Davidoff it remains significant...
read moreWorkplace mediation: Achieving just outcomes
For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login, email us and we'll arrange to give you...
read moreContra proferentem rule: Interpretation and application
If the meaning of a word or clause in a written document is not clear, or the word or clause is ambiguous, the verba fortuis accipiuntur contra proferentem rule applies. In other words this rule provides that if there is any doubt about the meaning or scope of an...
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