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The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd [1] is an important case in South African law, particularly in the area of civil procedure and trade marks.. This appeal from a decision in the Cape Provincial Division was heard in the Appellate Division by Corbett JA, Miller JA, Nicholas JA, Galgut AJA and Howard AJA on February 27, 1984, with judgment handed down on May 21, 1984.
A motion of no confidence can only be submitted six months after the Parliament has rejected a previous one. The motion must be signed by at least one-sixth of the members and must clearly state the issues to be debated. A motion of no confidence is accepted only if it is approved by the absolute majority of the total number of members. [22]
The eviction procedure excludes the rei vindicatio and other common-law remedies for the vindication of ownership rights. PIE has application also where the occupation was lawful to begin with but became unlawful later. [7] Different procedures are set out under PIE for private owners, [8] urgent applications [9] and organs of state. [10]
The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
It is considered the simplest and quickest of voting methods used by deliberative assemblies. The chair of the assembly will put the question to the assembly, asking first for those in favor of the motion to indicate so verbally ("aye" or "yes"), and then ask those opposed to the motion to indicate so verbally ("no"). The chair will then ...
In terms of the procedure adopted in the Magistrates’ Courts, there is a distinction between emoluments attachment orders (which relate to the attachment of the salary or wages owing or accruing to the judgment debtor by a third party), and garnishee orders (which relate to the attachment of all the other kinds of debts which may be owed to ...
Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike.