Filing an Application for Leave to Appeal at the Supreme Court of Appeal: A Guide by Bloemfontein Correspondent Attorneys
When a litigant intends to escalate a matter to the Supreme Court of Appeal (SCA), the first procedural step is to seek leave to appeal from the court that delivered the initial judgment, commonly referred to as the court a quo. Only after that court has formally refused leave to appeal may the matter proceed […]
Legal Guide to Company Liquidation in Bloemfontein: What Businesses Need to Know
When a company becomes unable to meet its financial commitments as they fall due, liquidation may be the most practical course of action. In essence, liquidation involves winding up the company’s affairs by selling its assets, settling debts, and ultimately dissolving the business. This process can lead to the company’s deregistration and cessation of operations. […]
Choosing a Law Firm in Bloemfontein: What to Look For When Selecting Legal Representation
When searching for reliable law firms in Bloemfontein, you’re not just choosing legal representation, you’re selecting a team that will guide you through some of your most important decisions. Whether it’s registering a company, resolving a dispute, transferring property, or handling a sensitive family matter, choosing the right law firm makes all the difference. As […]
Dismissal for Desertion: Labour Court Overturns Reinstatement After 16-Month Absence
In South African labour law, employees are legally obliged to place their services at the disposal of their employers during agreed working hours. Failure to do so, without valid authorisation, may justify disciplinary action. In some cases, such absenteeism can be classified as misconduct, particularly where the absence is prolonged and unexplained. A recent Labour […]
Understanding Antenuptial Contracts in South Africa: What You Need to Know Before You Marry
Getting married is a major life milestone but beyond love and celebration, marriage also has serious legal and financial implications. One of the most critical legal decisions couples must make before saying “I do” is whether to enter into an antenuptial contract. In South Africa, this decision determines how your assets are managed during the […]
Subcontracting Agreements in South Africa: What Every Business Must Include
Drafting a legally sound subcontracting agreement is crucial for businesses operating across South Africa’s sectors, especially in construction, engineering, IT, and logistics. These contracts establish the working relationship between a primary contractor and a subcontractor, detailing the project scope, payment schedules, legal responsibilities, and termination rights. Understanding the core elements of subcontractor agreements can prevent […]
What to Do When a Property Title Deed Is Lost: Understanding the VA (Replacement Deed) Application Process in South Africa
A property cannot be sold, bonded, or transferred without the original title deed. When this crucial document is lost, stolen, or destroyed, the only way to proceed is by applying for a replacement title deed through the Deeds Office. This is known as a VA (Vervangingsakte) application and is governed by Regulation 68(1) of the […]
Free State High Court Clarifies That National Credit Act Does Not Apply to Large Instalment Sale Agreements
In a recent decision from the Free State Division of the High Court, the court addressed the applicability of the National Credit Act 34 of 2005 (NCA) to large instalment sale agreements and related suretyship obligations. The case of Mbombi and Another v BMW Financial Services South Africa (Pty) Ltd provides important clarity on the […]
Who Really Owns Your Data? A Look at the Legal Debate on Data Ownership in South Africa
As data becomes increasingly central to digital service delivery, one legal question continues to stir debate: Can data be owned? While the law in South Africa has yet to provide a definitive answer, a recent decision by the Supreme Court of Appeal (SCA) has spotlighted the contractual and intellectual property risks that arise when data […]
SCA Warns Lawyers Against Accusing the Legal Practice Council of Bias in Misconduct Cases
In a critical ruling for the legal profession, the Supreme Court of Appeal (SCA) of South Africa issued a strong caution to attorneys who allege bad faith or ulterior motives on the part of the Legal Practice Council (LPC) during disciplinary proceedings. The case of Legal Practice Council v Kgaphola and Another serves as an […]