Constitutional Court

May 5, 2022

THE ROLE OF KNOWLEDGE IN PRESCRIPTION

The Constitutional Court in the matter of Mtokonya v Minister of Police [2017] ZACC 33 dealt with the issue of extinctive prescription, in particular regarding whether section 12(3) of the Act […]
October 11, 2021

CIVIL MARRIAGES UNDER THE BAA CONVERTED TO IN COMMUNITY OF PROPERTY

In the Edelstein judgment, which was handed down in 1952, the Appellate Division (as it then was) held that there is a rebuttable presumption that all […]
January 8, 2019

THE CANNABIS JUDGMENT: IS IT LEGAL NOW?

Cannabis has historically been criminalised in South Africa. It has, until recently, been a criminal offence to possess, cultivate or use cannabis. However, this position has […]
October 6, 2017

MUNICIPAL DEBT INVALID, THE CONSTITUTIONAL COURT HAS RULED

On 23 May 2017, the Constitutional Court heard an application for confirmation of an order of the High Court of South Africa, that declared section 118(3) […]
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