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Jan 22, 2025 | 
mondaq.com | Zameer Omar
With the rapid development and implementation of artificialintelligence ("AI") tools across varioussectors, the dangers of relying on AI without verifying thecorrectness of the AI-generated information was highlighted in therecent case of Mavundla v MEC: Department of Co-OperativeGovernment and Traditional Affairs KZN and Others. A candidate attorney drafted the applicant's supplementarynotice of application for leave to appeal ("thenotice").
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Jan 22, 2025 | 
mondaq.com | Zameer Omar
The Legal Practice Act 28 of 2014 ("theLPA") came into effect on 1 November 2018 and theLegal Practice Council ("the LPC")issued an advisory note to all advocates on 18 April 2019 relatedto transitional arrangements.
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Dec 3, 2024 | 
mondaq.com | Zameer Omar
In the case of Mbambisa and Others v Nelson Mandela Bay
Metropolitan Municipality, the Supreme Court of Appeal
(“the SCA”) found former officials
(“the officials”) of the Nelson
Mandela Bay Municipality (“the
Municipality”) personally liable for the incurring
of expenditure. The Municipality's claim was based on section
32 of the Local Government: Municipal Finance Management Act 56 of
2003 (“MFMA”).
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Dec 3, 2024 | 
mondaq.com | Aslam Moosajee |Zameer Omar
In the case of Mhlari NO and Others v Nedbank Limited,
the Supreme Court of Appeal ("the SCA")
clarified the circumstances that constitute an "excusable
mistake" under the conditio indebiti. Additionally,
the court outlined the specific situations in which the
conditio indebiti applies.
Background
A trust concluded a loan agreement with Nedbank. In terms of the
agreement, Nedbank was to loan ZAR14 million to the trust. The
trust made regular payments but subsequently defaulted.
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Nov 13, 2024 | 
mondaq.com | Zameer Omar
In Johannesburg City Parks & Zoo and Another v G.Z,
a full bench of the Gauteng Division of the High Court of South
Africa, Johannesburg, dealt with who holds the rights to erect a
tombstone on a gravesite.
The late husband of G.Z ("the
deceased") obtained by default a divorce decree which
was subsequently set aside. As such, G.Z and the deceased remained
married. The deceased was then killed in a shooting incident.
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Oct 15, 2024 | 
mondaq.com | Zameer Omar
In the case of Mogale v BMW Finance Services (South Africa)
(Pty) Ltd, the Limpopo Division of the High Court of South
Africa, Polokwane considered whether the irregular commissioning of
an affidavit should be condoned.
The applicant, Mr Mogale, raised a dispute over the answering
affidavit deposed to by Mr Lubbe, a representative of the
respondent, BMW Finance Services. In the answering affidavit, Mr
Lubbe identified himself as male.
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Oct 8, 2024 | 
mondaq.com | Zameer Omar
In the case of Lotts v NMI Durban South Motors (Pty)
Ltd t/a Barons Belville, the Western Cape Division of the High
Court of South Africa, Cape Town had to consider
whether dies non (i.e. 21 December to 7
January) is excluded when calculating the time period for the
filing of an application for summary judgment in terms of the
Uniform Rules of Court (“the
Rules”).
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Oct 2, 2024 | 
mondaq.com | Zameer Omar
In the case of Sebatsana v South African Legal Practice
Council, the Pretoria High Court admitted an aspiring attorney
despite the Legal Practice Council ("the
LPC") opposing her application for admission.
In 2016, the prospective attorney, who was pregnant at the time,
worked at the National Health Laboratory Services whilst pursuing
her LLB. She fell asleep during a night shift whilst working for
the lab. Consequently, she failed to complete critical work that
was required of her.
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Sep 25, 2024 | 
lexology.com | Aslam Moosajee |Zameer Omar
In the case of Sebatsana v South African Legal Practice Council, the Pretoria High Court admitted an aspiring attorney despite the Legal Practice Council (“the LPC”) opposing her application for admission. Background In 2016, the prospective attorney, who was pregnant at the time, worked at the National Health Laboratory Services whilst pursuing her LLB. She fell asleep during a night shift whilst working for the lab. Consequently, she failed to complete critical work that was required of her.
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Jul 30, 2024 | 
mondaq.com | Zameer Omar |Aslam Moosajee
In Phoenix Salt Industries (Pty) Ltd v The Lubavitch
Foundation of Southern Africa, the Supreme Court of Appeal
("the SCA") was dealing with a
contractual dispute. The key question is – is a waiver
impacted by the presence of a non-variation clause
("NVC") in a contract?
Fundamental Points
A waiver is a voluntary abandonment of a known existing right,
benefit, or privilege.
