Spoliation and Counter Spoliation
Where resolution of issues between people takes long, we often see an increase in people taking matters into their own hands. Spoliation (“mandament van spolie”) is a mechanism to avoid that. In a spoliation application, a “true possessory remedy” is used...
Beware of Instant Credit!
The National Credit Act 34 of 2005 (the “Act”) regulates the extension of credit in South Africa and aims to protect consumers against unscrupulous credit providers. The Act provides several mechanisms through which the extension of credit is regulated to avoid...
Anton Piller – in the Context of Data and Privacy Security Regulation
The right to privacy is protected in terms of the common law. More importantly, though, section 14 of the Constitution covers the right to privacy. However, the request is not absolute. Section 36 of the Constitution allows for the limitation of, among other things,...
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