Legal Practice

Cyber attacks and reporting obligations under POPIA

The month of October, known as the Cybersecurity Awareness Month, comes at a time when South Africa is reeling from the effects of a plethora of security breaches and cyber attacks that have plagued the country since the beginning of 2021.  The most recent security breaches and cyber attacks targeted Transnet and the Department of Justice and Constitutional Development.  Section [...]

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 [...]

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|

That’s how the cookie crumbles…

No, I don’t mean those midnight snacks you’ve been sneaking.  Cookies are small files which are stored on a user's computer.  They are designed to hold a small amount of data specific to a particular user and website that can be accessed either by the web server or the client computer. This allows the server to deliver a page tailored [...]

Advocates to deal directly with the public – yay or nay??

Introduction After almost ten years of debate, the Minister of Justice revealed the Department of Justice’s plans to allow for advocates to approach the public directly. This plan however has over the last year been met with staunch criticism from various members of the legal sector at large as it essentially seeks to repeal the existing legislation governing attorneys and [...]

By | 7th July, 2015|Legal Practice, PPM Attorneys|

Let’s simplify legal jargon

Have ever found yourself in a situation where you have to read an agreement and after spending a good amount of time reading the agreement, you realise that you have not understood what you have just read? In the words of Standard Bank, agreements need to be “Simple, Better, Faster.” The reality is that people do not have time or [...]

By | 24th April, 2014|Legal Practice, PPM Attorneys|

Customers’ frustrations due to the inefficiencies of the CIPC

The newly formed Companies and Intellectual Property Commission (“CIPC”), established “with the aim of promoting growth, employment, innovation, stability, good governance, confidence and international competitiveness.” Further stated on the CIPC’s website, is that it “seeks to assert the commission as a credible independent and transparent regulator, on par with the rest of the world.” We have to use CIPC to [...]

By | 1st March, 2013|Commercial Law, Company Law, Consumer Law, IP Law, Legal Practice, PPM Attorneys|

The beauty of anton piller applications

This right, like all other fundamental rights, is not absolute for various reasons which are in the greater interest of the general public. Section 36 of the Constitution stipulates the grounds, which I will not go into here, upon which rights can be limited. Anton Piller applications are one method through which our right to privacy can be limited. An [...]

By | 10th July, 2006|Legal Practice, PPM Attorneys|