Is new Rule 43 procedure UNCONSTITUTIONAL?

Is new Rule 43 procedure UNCONSTITUTIONAL?

Is the New Rule 43 application procedure in South African law, unconstitutional? This is the question which we are asked so many times in recent months. The Rule 43 applications procedure in the high courts has existed for many years as a means for divorcing parties...
UNFAIR DISCRIMINATION

UNFAIR DISCRIMINATION

Unfair Discrimination in South African Law It happens very often that a client calls regarding ‘unfair discrimination’ which is believed to be occurring in various instances, such as, at sports clubs, at work in the employment context or at social venues. This article...
FORCE MAJEURE CONTRACTS

FORCE MAJEURE CONTRACTS

It is clear that the legal principle of force majeure in South African law of contracts is receiving more attention as the second year of the Covid19 pandemic moves on. Essentially, force majeure in South African common law is a means of obtaining release from...
DOUBLE JEOPARDY SOUTH AFRICAN LAW

DOUBLE JEOPARDY SOUTH AFRICAN LAW

(Double Jeopardy in South African law: Don’t fool yourself – it doesn’t always apply – risks for both employers and employees) ASHLEY SLAMAT ATTORNEYS – no games, JUST LAW™ The law in regard to ‘double jeopardy’ is very complex and requires expert knowledge acquired...