November 26, 2020

Mediate rather than litigate

Wikipedia’s definition of mediation is “a structured, interactive process where an impartial third-party assists disputing parties in resolving conflict through the use of specialised communication and […]
March 4, 2020

The lessees’ right of pre-emption

The Constitution of the Republic of South Africa (“the Constitution”) does not explicitly provide for a right of appeal from a Small Claims Court judgment. However, […]
January 28, 2020

Provocation as a defence

A client poses a question to their attorney: My ex-boyfriend (Y) saw me and my new love interest (X) at a restaurant. Y aggressively confronted me […]
October 22, 2019

Shared titles, shared responsibility?

The case of Du Plooy and The Cascades Body Corporate and Another deals with a slip-and-fall incident by one of the owners in the scheme and […]
October 15, 2018

Understanding the functions of the CCMA

I have a dispute which has been referred to the CCMA. How does the process work? The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is a […]
October 15, 2018

Arbitration: What you should know

If two parties have a dispute and conciliation fails, you may request to resolve the dispute by arbitration. At an arbitration hearing, a commissioner gives both parties an […]
July 24, 2018

CAN SOMEONE RECORD ME WITHOUT MY PERMISSION?

Over the past few months, we have seen videos being posted on social media of physical altercations, poor service delivery and racial slurs, but the victims […]
May 11, 2018

Choosing mediation when resolving disputes

If I suggest mediation to a party with whom I have a dispute, am I signalling that I lack confidence in my own case? Mediation offers […]