Welcome to the fifth edition of the Bowman Gilfillan Dispute Resolution Department Newsletter.
As usual, this newsletter contains comment and analyses generated by various attorneys in our department, focusing on a variety of topical issues. If you have any queries regarding a topic which is discussed in this newsletter, please feel free to contact the relevant attorney directly. The newsletter is edited by Jason Smit and Sally D’Arcy Donnelly, two attorneys in the department and aims to update clients on issues which we believe can assist in managing legal and business risk.
In this edition, we profile various teams within the department, including a new team which has joined us, headed up by Michael Murphy and joined by Farai Razano, who specialise in sports law. For more information on this practice area within the litigation department, please click on the link below and read all about it. It offers some exciting and new developments in our practice areas and we are pleased to welcome Michael and Farai to the department. Should you also have any queries in this regard, please feel free to contact Michael directly on m.murphy@bowman.co.za or 011 669 9556.
We are also featuring Ceri Von Ludwig, who heads up our family law practice. Ceri is a specialist in all and any family law disputes, including divorces, custody, maintenance, mediation and ante-nuptial contracts and has been practicing in this area of law for approximately 20 years. Should you require any assistance with regards to this practice area, please do not hesitate to contact Ceri at c.vonluwig@bowman.co.za or 011 669 9577.
Last, but by no means least, we have profiled three of our other teams in the litigation department, who have all been joined by new members. Greg Higgins' team, of which Mandisi Rusa has been a long standing member, has been joined by Kerry Christie. Adam Anderson, who is already assisted by Jonathan Sahli and Isaac Nsizwane, is joined by Lyndal Cook and Lebohang Lengoasa. Jason Smit has grown his team with the assistance of Perusha Pillay and Clement Mkiva. Welcome to all of the new members of the department! We have set out below various links to articles of interest, which are written by various members of our department. We hope that they will be of assistance to you and should you have any queries pertaining thereto, please feel free to contact the writers thereof.
IN THIS NEWSLETTER...
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NEW! Sports law practice area |
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The law continues to reach ever further into the world of sport. The rapid growth of entertainment, with sport being a major ‘player’ in that industry has meant valuable commercial contracts; increased agency involvement; the growth of player’s associations; and disputes which range from challenges to the nature of the associations governing particular sports to litigation involving individual contracts and disciplinary issues. Read more...
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“Potholes hitting SA pockets - The awful condition of South Africa's roads is costing motorists more than R200bn a year.” (The Beeld) |
| By Miles Carter |
On a leisurely Sunday morning cycle, you fall from your bicycle while swerving to avoid a large pothole in the road. You sustain serious injuries. Or you come around a corner in your car, hit a pothole and damage your suspension. Or you swerve to avoid the pothole and collide with a third party. Do you have a claim against the local authority? Read more...
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Constitution's "reasonable and justifiable" principle again overturns civil procedure |
| By Sally D'Arcy-Donnelly |
The landmark case of Coetzee v Government of the Republic of South Africa; Matiso & Others v Commanding Officer, Port Elizabeth Prison & Others 1995 (4) SA 631 (CC) rendered Sections 65A to 65M of the Magistrate’s Court Act unconstitutional, thereby prohibiting the imprisonment of debtors unable to pay their debts. Read more...
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The legal standings of trust
By Fatima Bham |
When litigating, it is always important to correctly cite the parties in the proceedings. It is important to remember that in order to litigate against an entity, it must have legal standing (locus standi). One entity that does not possess legal standing is a trust. Trusts do not have juristic personality and therefore, unless a statute confers juristic personality on a specific trust, it cannot sue or be sued. Read more...
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What is the effect of a settlement agreement which has been made an order of court? |
| By Donna Gewer and Fatima Bham |
Many litigious matters are ultimately settled out of court. It is usual for the terms of the settlement reached to be recorded in a settlement agreement and for the settlement agreement to be made an order of court. Read more...
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When what you say is embarrassing: A lesson from Luke Watson
By Kevin Iles |
Is a recording, in today’s age of cellphone voice recorders and voice recording pens, legal? The secret tape recording of comments by Luke Watson on the Springbok rugby jersey has set off a storm of emotion and debate. Much of the media attention has been focused on what Watson did or didn’t say and whether or not he should have said it. Read more...
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Conundrum of the status of a company's property sold in execution before liquidation |
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By Isaac Nsizwane |
The law can get tricky when a company subject to liquidation proceedings has sold an immovable asset.In Legh v Nungu Trading 353 (Pty) Ltd and another 2008 (2) SA 1, a shareholder of a company instituted urgent liquidation proceedings in the Witwatersrand Local Division on the basis that the company was unable to pay its debts. Read more...
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