Litigation

Congratulations to Megan Campher who has been promoted to Associate from Junior Associate.

7th February 2024|Litigation|

Megan has excelled as a Junior Associate and her promotion is well deserved.  Her journey at DML began during her articles and continued through the two years of being a Junior Associate, where she gained useful experience in our Corporate and Commercial Dispute Resolution and Litigation Department. Her experience spans across corporate and commercial litigation

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Defamation on Social Media – A Refresher

31st January 2024|Litigation, Social Media law|

In a recent Free State High Court case, Itumele Bus Lines (Pty) Ltd t/a Interstate Bus Lines v Transport and Allied Workers Union of South Africa and Others [2008] ZALC 207, a self-proclaimed “public transport activist” has been ordered to remove certain defamatory publications from his social media. The Respondent, Mr Msabe, made various public

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Acting without authority: What you need to know before acting as a trustee.

7th November 2023|Commercial Law, Litigation, Trusts Law|

It is vital that a trustee is authorised by the Master before they exercise or undertake any trustee powers or duties. If this is not adhered to, these unauthorised acts are void and of no legal effect. This can place the trust, its beneficiaries and even the trustees themselves, depending on the circumstances, in a precarious position which could have financial or other adverse consequences.

A boon for privacy and a blow for justice: What you need to know about the new Vodacom judgment

15th June 2023|ICT Law, Litigation|

In April 2023, the Supreme Court of Appeal (“SCA”) handed down judgment in the case of Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others[1] (“Vodacom”). The case set a consequential precedent for data privacy law but may also have the effect of stifling the ability of potential litigants to obtain information from internet

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Tax Judgments: What are they? What do I need to know?

12th September 2022|Litigation|

A debt is legally enforceable when it is made an order of court. Chapter 11 of the Tax Administration Act 28 of 2011 regulates the recovery of tax by SARS. Part B thereof relates to the civil judgment procedure. Section 172 of the Tax Administration Act 28 of 2011 (“TAA”) allows SARS to obtain civil

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We are proud to announce that Peter Turner has been promoted to Senior Associate at DML.

28th February 2022|Litigation|

Peter was admitted as an attorney in December 2012 and holds LLB and LLM (Constitutional Law) degrees obtained from the University of KwaZulu-Natal. Since his admission as an attorney, Peter has practiced mainly, although not exclusively, in the fields of commercial litigation / dispute resolution and labour law. Before joining DML Inc in February 2018,

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I bought a vehicle from a dealer and found it is defective – now what?

23rd February 2022|Consumer Law, Litigation|

We are receiving an increasing number of queries concerning defects in motor vehicles bought from dealers and this article summarises your rights and possible next legal steps in these circumstances. Requirements and Standards in terms of the CPA In terms of Section 56(2) of the Consumer Protection Act 68 of 2008 (“CPA”) a consumer may

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Mandatory Workplace Vaccination Polices: So it Begins…

28th January 2022|Health & Safety Law, Litigation, Regulatory Law|

On 21 January 2022 the CCMA delivered its findings in the unfair dismissal dispute of Mulderij v The Goldrush Group (case number: GAJB-24054-21), where it confirmed that the dismissal of an employee pursuant to a refusal to adhere to an employer’s mandatory workplace vaccination policy (“MWVP”) may be considered substantively fair. It is the first

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A step-by-step guide to having your documents commissioned

19th January 2022|Commercial Law, Litigation, Matrimonial|

“Please, go back to the commissioner of oaths and repeat the process – you skipped a page!” –  do these words sound familiar? Having documents commissioned should be a relatively simple task. In practice, however, minor mistakes, like a missed initial, can undermine the integrity of the entire process. Unfortunately, this is often only cured

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