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Insights into Law: Articles, Analysis, and Legal Perspectives


INVENTED LAW: WHAT HAPPENS WHEN THE JUDGE CITES A CASE THAT DOES NOT EXIST
For close to two years the profession has been having the same uncomfortable conversation about artificial intelligence, and it has always had the same shape in that a practitioner under deadline pressure asks an AI tool for authority; the tool obligingly invents a case; the fiction survives into heads of argument; a judge notices. Mavundla and Northbound Processing are the known examples. In each, the court was the party that caught the error. A full court of the Gauteng
6 days ago


WHEN THE GROUND SHIFTS: LESSONS FROM JAPAN FOR SOUTH AFRICA'S LEGAL LANDSCAPE
On 28 July 2026, an earthquake measuring magnitude 7.1 struck Kumamoto Prefecture in southern Japan. The tremor, which the Japan Meteorological Agency has officially named the 2026 Kumamoto earthquake, forced roughly 300 000 residents to evacuate to shelters. A shopping mall partially collapsed, reportedly followed by an explosion believed to be caused by a gas leak, and rescue teams worked through the night searching for survivors. By the following morning, Japanese authorit
Aug 4


YOUR BUSINESS IS USING AI. HAVE YOU ASKED WHO'S LIABLE WHEN IT GETS SOMETHING WRONG?
Picture this: your HR team uses AI to shortlist candidates, your accounts team leans on it to review financial information, and the person at the next desk uses it to draft a contract clause or pull together research for a report, without noticing the mistake buried inside or a client chats to your AI-powered support bot, gets the wrong advice and acts on it. Who carries the blame? It's a question more South African professionals and businesses are being forced to ask in 2026
Jul 28


POINTS BEFORE COFFEE: AARTO IS LIVE, AND DEMERITS ARE NEXT
If you are reading this over breakfast, you are probably less than an hour from your first robot. It is worth knowing, before you pull out of the driveway, that the law waiting at that intersection changed more this month than it has in a generation - and that the part everyone fears, the demerit points, is the one part that has not started yet. What happened on 1 July After a quarter-century of false starts, the national rollout of the Administrative Adjudication of Road Tra
Jul 21


SURVIVING THE BOARDS: PRACTICAL TIPS FROM A CANDIDATE ATTORNEY
A guide to the August 2026 board exams The board exams are set for 5 and 6 August 2026, and with them comes the familiar mix of pressure, preparation, and not nearly enough hours in the day. Having written boards myself, I wanted to share some of what I've learned — what worked, what didn't, and what I'd do differently. This follows on from the pieces I wrote last year on lessons learned as a candidate attorney, but this time the focus is squarely on exam strategy. Here's a p
Jul 14


THE SOCCER WORLD CUP'S OTHER SCOREBOARD: PIRACY, ILLEGAL BETTING, AND THE LAW
Bafana gave us our best World Cup in 16 years. It also gave criminals their best season in years. While the country was glued to Bafana Bafana's historic run - a first knockout appearance since 2010, ended by a cruel 92nd-minute Canada winner in the round of 32, two quieter contests were playing out behind the football: a global fight against illegal streaming, and a local one against illegal, unregulated betting. Both carry real legal consequences. And increasingly, not jus
Jul 7


SMART CONTRACTS AND SOUTH AFRICAN LAW - WHEN CODE BECOMES CONTRACT
The contract has always been law's most practical instrument. For centuries its architecture has remained unchanged: offer, acceptance, the intention to be bound. What is changing rapidly is the medium. Smart contracts are already active in South African financial markets, insurance products, and trade finance. They perform without intermediaries, settle without delay, and, critically, execute whether or not the parties are ready for the legal consequences. Our law has not ke
Jun 30


THE REALITIES OF REPRESENTING RELATIVES IN SOUTH AFRICA
Imagine sitting around the dinner table on a Sunday afternoon when the conversation shifts from casual catch-ups to a pressing worry. A cousin’s small business is facing an unfair contractual dispute, a sibling is struggling with a landlord over a lease agreement, or a parent is feeling overwhelmed by an administrative hurdle. When the stress in the room rises, all eyes inevitably turn to one person: the relative who happens to be a lawyer. It is an incredibly natural instinc
Jun 16


Most Legal Matters Do Not Begin as Legal Matters
I am not an attorney. I do not argue in court, interpret legislation, or draft pleadings, and I am certainly not in a position to comment on or write about legal principles, governance, or regulatory matters. Having spent a lifetime working within a law firm, I have observed a reality that most people only come to recognize when it’s already too late. Most legal matters do not begin as legal matters. They begin as everyday decisions - small, ordinary moments that do not feel
Jun 9


"WHY DO YOU NEED ALL THIS INFORMATION?" POPIA, FICA, AND WHAT BUSINESSES CAN LAWFULLY ASK THEIR CLIENTS
If you have ever opened a bank account, instructed an attorney, or signed up with an estate agent and been asked for copies of your ID, proof of address, or details about the source of your funds — you may have wondered whether that business is entitled to ask for all of that. The short answer is yes. But there are rules about how much they can ask for, what they can do with it, and how long they can keep it. Two laws working side by side South Africa has two major pieces of
May 26


THE WAIT IS OVER: GAUTENG HIGH COURT STRIKES DOWN THE THREE-YEAR RULE FOR ATTORNEYS
A judgment handed down in the Gauteng High Court last week has sent ripples through the South African legal profession. In a ruling that many newly admitted attorneys have long awaited, Judge Norman Davis declared unconstitutional the three-year waiting period that prevented attorneys from appearing in the country’s superior courts immediately upon admission. It is a landmark moment for the profession — and a case that reveals important truths about equality, rationality
May 19


BEYOND OBLIGATION: WHY COMPLIANCE DEFINES MODERN LEGAL PRACTICE
Administrative and statutory compliance in South Africa refers to the legal, regulatory, and procedural obligations that businesses must meet to operate lawfully. For legal practitioners, the core tension in compliance is that it is simultaneously a precondition for practice and, at times, a significant operational burden—particularly for smaller firms. Importance of Maintaining Compliance For legal practitioners, maintaining compliance is first and foremost a practice surviv
May 12


JULIUS MALEMA: LEGAL ENTITLEMENT IS NOT THE SAME AS ETHICAL FITNESS FOR OFFICE
Recent court developments concerning Julius Malema raise a question that is larger than one politician. In October 2025 he was convicted on five firearm-related charges arising from the 2018 Mdantsane rally. He has since been sentenced to five years’ direct imprisonment, additional penalties were ordered to run concurrently, he has been declared unfit to possess a firearm, the court granted leave to appeal his sentence, refused leave to appeal his conviction, and he remains
Apr 28


SUCCESSION PLANNING: WHEN “WE KNOW WHAT TO DO” IS NOT THE PROBLEM
If you have been meaning to “get your succession plan sorted” but it keeps slipping down the priority list, you are not alone. In our day-to-day work we see a consistent pattern: business owners and families generally understand what succession planning is, but the plan never gets properly executed. Documents remain unsigned, share registers are outdated, key agreements are missing, and crucial conversations are postponed until a crisis forces everyone’s hand. The irony is
Jan 27


KNOW YOUR RIGHTS AT A ROADBLOCK: WHAT EVERY DRIVER IN SOUTH AFRICA SHOULD UNDERSTAND
As we enter the festive season, many people behave as though the road laws are also on holiday. In reality, this is exactly when our traffic laws should be taken most seriously to ensure a safe and stress-free break for everyone. Law enforcement shares this concern, which is why roadblocks are a frequent sight during December. For most motorists, being pulled over by the police can feel intimidating - but understanding your rights and responsibilities can ensure a safe, lawfu
Dec 9, 2025


JOHANNESBURG’S HAILSTORMS AND FLOODING: WHAT YOU SHOULD KNOW BEFORE CLAIMING FROM YOUR INSURER
Johannesburg has recently experienced severe weather conditions which have impacted homes, vehicles, and businesses across the city. During events like these, most people turn immediately to their insurance policies, hoping their cover will provide them with much needed relief. However, before rushing into the claims process, it’s essential to understand what you are covered for, how to protect your rights as an insured person, and what to do if your claim is unfairly reject
Dec 2, 2025


POLITICAL INVOLVEMENT IN TENDER CORRUPTION IN SOUTH AFRICA
Tender corruption has become one of the most pressing governance challenges in South Africa, undermining transparency, fairness, and public trust in the state. At its core, tender corruption occurs when public procurement processes are manipulated so that government contracts are awarded based on favouritism, bribery, or political influence rather than merit, capacity, or compliance with legal requirements. This practice distorts competition and diverts resources away from es
Nov 18, 2025


THE LEGAL JUNGLE: EXOTIC ANIMAL OWNERSHIP IN JOHANNESBURG
Exotic animal ownership in South Africa, particularly in the Johannesburg metropolitan area, occupies a fraught and controversial space...
May 13, 2025


UNDERSTANDING COMMON LEGAL MISCONCEPTIONS: INSIGHTS FROM A CANDIDATE ATTORNEY'S JOURNEY
As I embark on my two-year-long journey as a candidate attorney, I've come to realise that there are numerous misconceptions surrounding...
Mar 11, 2025


THE ROLE OF NON-PROFITS IN JOHANNESBURG’S RECOVERY: A CALL TO ACTION
In a city grappling with unprecedented challenges, from infrastructure decay to service delivery failures, the role of civil society...
Jan 14, 2025
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