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Understanding the Requirements for a Final Interdict

Understanding the Requirements for a Final Interdict

by Peter Blanckenberg | Feb 28, 2025 | South African Law

In the recent Supreme Court of Appeal case, Equistock Properties 8 (Pty) Ltd and Another v Oosthuizen and Others [2025] ZASCA 06, Hughes JA, writing for a unanimous bench, set out the requirements for the obtaining of a final interdict. In his opinion such...
The Expropriation Act and the Constitution: What Are the Real Issues?

The Expropriation Act and the Constitution: What Are the Real Issues?

by Peter Blanckenberg | Feb 26, 2025 | South African Law

The new Expropriation Act (“the new Act”) which was signed on 20 December 2024 has raised various important issues of substantive law. It seems to me that in this regard two issues require definition and some reflection: firstly, what in fact is it that the new Act...
The Importance of Good Advice When Planning Family Estates

The Importance of Good Advice When Planning Family Estates

by Peter Blanckenberg | Nov 6, 2024 | Corporate Law

In a recent Constitutional Court judgment, Thistle Trust v Commissioner for the South African Revenue Service [2024] ZACC19, a majority Court held that the conduit principle, which is accepted by SARS in respect of trusts did not apply to a structure used by the...
Huge Work Ahead: The Impact of the New Climate Change Act

Huge Work Ahead: The Impact of the New Climate Change Act

by Peter Blanckenberg | Oct 17, 2024 | South African Law

In July 2024, the President of South Africa signed the new Climate Change Act (“the Act”) which shall be proclaimed shortly. The Act is a comprehensive attempt at setting out the broad principles to be followed by the various officials of the State in their...
How Far Can You Cast: New Marine Act Prohibitions

How Far Can You Cast: New Marine Act Prohibitions

by Peter Blanckenberg | Oct 17, 2024 | South African Law

In a recent Supreme Court of Appeal judgment[i], a unanimous bench held that drones, bait carrying remote controlled boats and other remotely operated devices, in certain circumstances are prohibited in terms of the Marine Act.[ii] The judgment dealt specifically with...
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