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About Zandile Mthabela

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So far Zandile Mthabela has created 13 blog entries.

The significance of the Plascon-Evans rule in motion proceedings

The Plascon-Evans rule was the ‘order of the day’ in this year’s interview proceedings conducted by the Judicial Service Commission (JSC).  The JSC was interviewing prospective candidates who had been shortlisted for appointments as Judges in our courts.  One of the recurring questions was for the candidates to explain the Plascon-Evans rule and when it is used in court.  This [...]

By | 23rd November, 2021|Commercial Law, Legal Practice, PPM Attorneys|

NOTICE OF MEDIATION IS INUNDATED COURTS’ BEACON OF HOPE

If you don’t comply with a Rule 41A of the Uniform Rules of Court, you run the risk of being stopped dead in your tracks or being turned away by a Registrar when attending court to issue summons or a notice of motion.  The primary purpose of Rule 41A is to ensure that courts are not inundated with civil matters that could be resolved between the parties by means of mediation.    What Rule 41A entails and how to comply  Rule 41A was introduced to ensure that in every new [...]

Adherence to an arbitration clause in a contract is paramount

The law of South Africa affords parties the freedom to enter into a contract and to choose who they wish to enter into a contract with. The general requirements for a legally enforceable contract are consensus, capacity, certain mandatory formalities and legality. In exercising their freedom of contract, the parties to a contract are permitted to conclude an arbitration agreement [...]

By | 2nd October, 2020|Arbitration, Commercial Law, Contract Law, Dispute resolution, PPM Attorneys|

The rights of women in customary marriages

The Recognition of Customary Marriages Act, 120 of 1998 (“the Act”) prescribes the formalities that need to be complied with in order for a customary marriage to be valid. Section 4(3) of the Act provides for customary marriages to be registered within a stipulated time period. However, failure to register a customary marriage does not affect its validity. Many customary marriages, [...]

By | 15th May, 2020|Constitutional Law, family law, PPM Attorneys|

It is imperative that your contract contains a force majeure clause

Force majeure refers to a clause that is included in contracts to indemnify against liability for natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations.[1] In the case of Rumdel Cape and Others v South Africa Roads Agency Soc Ltd & Others[2], the Supreme Court of Appeal defined the force majeure as [...]

By | 1st April, 2020|Commercial Law, Constitutional Law, Contract Law|

Publish your intended sale of business or creditors will come knocking at your door

Section 34 of the Insolvency Act, 24 of 1936 provides for a trader[1] to publish a notice of intended disposition[2] (“notice”) of a business before the intended sale. Purpose of section 34 of the Insolvency Act The purpose of this provision is to prevent sellers from disposing of businesses when they are in financial difficulties and spending the proceeds from [...]

By | 10th March, 2020|Commercial Law, Constitutional Law, PPM Attorneys|

Bogus recruitment agencies feed off vulnerable jobseekers

With the South African unemployment rate at its peak, some phony recruitment agencies are exploiting the jobseekers and taking the little that they have towards their search of employment.  The unemployment rate in South Africa has increased to 29% in the second quarter of 2019 from 27.6% in the previous period.[1] You may directly or indirectly have been adversely affected [...]

By | 8th October, 2019|Constitutional Law, Labour law|

Should shoppers conform to a store’s dress code?

A dress code is a set of rules, often written, with regards to clothing.[1] There was a recent incident where a customer was refused entry into a reputable store merely because of how she was dressed.  But, do you, as a customer, ever glance at or read the store’s policy upon entry? Do customers have to adhere to the store’s [...]

By | 3rd September, 2019|Constitutional Law, Human rights, PPM Attorneys|

A recent practice directive to regulate case management, trial allocation and enrolment of trial matters at certain courts

The practice directive (“directive”) applies to both the Pretoria and Johannesburg High Courts.  The provisions of the directive prevail over any provision in the practice manuals of either court. Some of the changes brought by the directive Application for trial dates will resume on 1 August 2019.  When a summons is issued (a court stamp is affixed to the summons [...]

By | 1st August, 2019|Administrative Law, Legal Practice, PPM Attorneys|

An overview on the law on child pornography in South Africa

I recently had an interview with Ligwalagwala FM on the dangers of posting nude photographs of children online. Who is considered a child in South Africa?  Section 18 of the Children’s Act, 2005 provides that a child is anyone under the age of 18 years old.  A child becomes a major / adult upon reaching the age of 18. Posting nude photographs of [...]

By | 24th June, 2019|Child law, Constitutional Law, PPM Attorneys, Privacy Law, Social media law|