Defective motor vehicle and the Consumer Protection Act

Motus Corporation (Pty) Ltd and Another v Wentzel (1272/2019) [2021] ZASCA 40 (13 April 2021) The Supreme Court of Appeal upheld an appeal brought by Motus Corporation (Pty) Limited t/a Zambezi Multi Franchise (Renault) SA, against Ms Abigail Wentzel (Ms Wentzel), the Respondent. The issue for consideration by the Court was whether Ms Wentzel had […]

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Can I consent to my own injuries?

It is not often that we come across such a fascinating case dealing with the ancient principle of volenti non fit injuria.  The volenti principle was formulated by Domitius Ulpian, a Roman Jurist serving as a Praetorian Prefect from 222 until 228 AD.  Astonishingly, this principle is still applicable in our law. Back in ancient […]

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Is your customary marriage registered?

Marriages which are valid in terms of customary law and existing at the commencement of the Recognition of Customary Marriage Act 120 of 1998 are recognised as a marriage and are automatically in community of property. It often happens that couples fail to register their customary at home affairs, however failure to register the customary […]

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Can you evict adult non-dependant children from a farm?

First Realty (Krugersdorp) (Pty) Ltd brought an application for the eviction of various occupants situated on one of its properties in terms of the Extension of Security of Tenure Act, 62 of 1997 (“the act”). The property was a farm owned by Mr Hamman since 2011. Hamman’s application relied on sections 10 and 11 of […]

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Expired firearm licence update

CURRENT POSSITION In terms of the Firearm Control Act 60 of 2000, a firearm owner must apply for renewal of a firearm licence at least 90 days before it expires. This will also be applied to the current policy which dictates that once you applied for renewal of your firearm licence, this application will be […]

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Can organs of state be defamed?

Defamation is that part of our law which applies where a harmful statement made publicly with the intention to harm or damage someone’s good name and reputation.[1] Our law recognises that we all have the right to freedom of expression to vent our perspectives on certain issues.[2]  It is equally correct to also recognise that […]

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Who is liable for damages suffered on school premises?

Events at schools are an everyday occurrence. Think about games and practice sessions for sports, matric farewells or seasonal dances, fundraising events, choir concerts, etc. Whilst these events can be quite fun for scholars, accidents can easily occur, causing serious injury to someone attending an event at a school. This then raises the question with […]

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