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In Ndevu and Another v Westonaria South Property Holding (Pty) Ltd t/a Westonaria South and Others [2022] JOL 53978 (GP), urgent application for stay of execution, clear right was established that an irreparable harm will result.
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The proliferation of electronic documents makes electronic discovery imperative for the legal and corporate world, and mishandling such documents could spell danger for the success of your case.This was the overarching sentiment shared during the virtual launch on 30 March 2021 of Africa’s first legal text on eDiscovery, entitled A Guide to eDiscovery in South Africa.
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In Deltamune (Pty) Ltd and Others v Tiger Brands Limited and Others [2022] 2 All SA 26 (SCA), the requirements of relevance (necessary and appropriate) and specificity (material facts) when issuing subpoenas.
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The world is awash with data and has officially entered the Zettabyte era[1]. Hundreds of billions of emails are sent/received on a daily basis and it has been calculated that more than 97% of business documents are created electronically. South Africa is not immune nor exempt from the digital revolution. In short, the very nature of what constitutes information and documentary evidence, types and sources, and how they are dealt with has changed.
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In Auditor-General of South Africa v Accounting Officer of Gateway Airports Authority (Ltd) and Another [2022] JOL 54182 (LP), whether the claim in the default judgment was for ‘a debt’ or a for a ‘liquidated demand’.
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As we well know, the volume of data being generated is growing rapidly. eDiscovery involves almost all information capable of being stored electronically, across multiple formats. It is not limited to conventional formats such as Word documents, Excel spreadsheets, PowerPoint presentations and email. It includes text messages, social media interactions on WhatsApp, Twitter, Skype and Zoom meetings. Add in LinkedIn, FaceBook and Google searches. In short it is the electronic aspect of identifying, collecting and producing electronically stored information (ESI) in a litigation case or investigation.
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From the review: "Purchase this manual, read and use it. It will only enhance your drafting skills set to which you can be proud of and which will impress your colleagues and clients."
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In Helen Suzman Foundation v McBride and Others [2021] 2 All SA 727 (SCA), amici have a rightful role to play provided their participation is kept within appropriate bounds and they don’t depart from the basis on which they seek to be admitted.
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Using precedents for the drafting of pleadings has become a standard practice that results in delays and increased cost of litigation. Drafting needs to be logical, rational and offer a clear representation of the client’s specific case.
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In Body Corporate of Nautica v Mispha CC [2022] 1 All SA 399 (WCC), defendant refused to pay levies without justification, Body Corporate has locus standi to institute action, in duplum rule permits interest to run anew from the date that the judgment debt is due and payable.