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Res Ipsa Loquitur on the Menu? Not So Fast

02 November 2026

Recent court judgments have suggested that the doctrine of res ipsa loquitur ("the thing speaks for itself") creates a presumption... of negligence. However, South African law does not currently support this view.The doctrine does not shift the burden of proof to the defendant, nor does it automatically establish a prima facie case for the plaintiff. Instead, where it applies, it allows the court to infer negligence from the circumstances of the incident.

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Article
Who Pays the Legal Costs in a Court Case?

02 November 2026

One of the most common misconceptions about litigation is that the losing party must pay all the winning party’s legal... fees. Another is that winning a case means walking away with a substantial financial reward simply because a court has ordered the other side to pay costs. Neither is necessarily true. In South African law, a court has discretion when deciding who must pay the costs of litigation and on what scale those costs should be awarded. 

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Article
When the Sheriff Knocks: Understanding Interpleader Claims in Execution Proceedings

02 November 2026

When the sheriff attaches property to satisfy a judgment debt, third parties sometimes claim ownership of those goods. This article... explains how interpleader proceedings work, what documents are exchanged, and what execution creditors must do when a claim is lodged.

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Article
Debtor Ignored Your Summons? How to Obtain Default Judgment

02 November 2026,  Tinus Botes

When a debtor ignores a summons, many creditors assume judgment will simply follow. In practice, default judgment in the Magistrates’... Court depends on proper service and strict time periods. This article explains, in plain terms, when a creditor may ask for default judgment, what the clerk of the court can and cannot grant, and why getting the process right protects the judgment from being set aside later.

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Article
Foreign assets, local Estates: What you need to know

22 October 2026

Discover how foreign laws, taxes and succession rules could affect your estate and beneficiaries.

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Article
The limits of commercial confidentiality

22 October 2026

A recent ruling challenge when businesses can withhold information under PAIA.

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Article

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Administration of Estates

Administration of deceased estates, include advice and guidance, executorships, preparation of all documentation for submission to the Master of the... High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate.

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Appeal and review support and assistance in all appropriate forums, risk and merit assessment, preparation and lodging of appeal documentation... and records, case management, legal representation, briefing of counsel and all related support services.

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Banking and finance services, advice and support in relation to credit and finance agreements, transaction structuring, financing agreements, securities and... negotiable instruments, shares and debentures, regulatory compliance, opinions, and drafting of related documentation and agreements.

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Advice and support regarding the registration and cancellation of mortgage bonds, drafting and preparation of securities, engaging with financiers, preparation... and lodging of documentation with the Deeds Office, engaging with third parties, obtaining all necessary authorities and approvals, management of the registration or cancellation process.

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Advice, guidance and support in respect of child rights, including protection, maintenance, custody, adoptions, surrogacy, legal representation, mediation, negotiation, investigations,... drafting of documentation and agreements, initiation of proceedings and all other matters relating to child rights.

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Advice and drafting of all types of commercial, business and other agreements and transaction documents, standardised contract formats, reviews and... audits, risk assessments, negotiation, mediation and dispute resolution.

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Advice and support regarding the consolidation or subdivision of immovable property, including the preparation and lodging of documentation with the... Deeds Office, obtaining all necessary authorities and approvals, engaging with third parties, management of the consolidation or subdivision process.

Consumer Law

Advice and support in respect of all aspects of legal and regulatory aspects relating to the consumer including business audits,... risk assessments, drafting of policies and procedures, consumer agreements, drafting of forms, terms and conditions, e-commerce and other aspects relating to consumer law.

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Advice and support in respect of contract management, contract storage, risk and liability assessment, contract reviews, contract due diligences, contract... management policies and procedures, standardised contract formats.

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Advice and support regarding regulatory compliance, corporate governance, risk assessment, decision-making, company secretarial functions, policies and procedures, training, and the... drafting of opinions and documentation.

Cost Consultancy

Cost consultancy advice and support to law firms and clients in respect of litigious and non-litigious costs, drawing and taxation... of bills of account in all South African Courts, drawing and assessment of non-litigious statements of accounts at Law Councils, and opposing or settling of bills of costs.

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