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Status: AVAILABLE Last checked: 17 Minutes ago! eBook includes PDF, ePub and Kindle version In order to read or download eastern cape high court practice manual ebook, you need to create a FREE account. ✔ Register a free 1 month Trial Account. ✔ Download as many books as you like (Personal use) ✔ Cancel the membership at any time if not satisfied. ✔ Join Over 80000 Happy Readers eastern cape high court practice manual Can not include your user id.It is a valuable resource to law students; candidate attorneys; new legal practitioners as well as seasoned practitioners who regularly appear in various divisions of our High Courts and for whom a good working knowledge of the latest practice directives is essential. Practice directives deal with how the court functions on a day to day basis.Manual Manual RELX Group and the RE symbol are trademarks of RELX Intellectual Properties SA, used under license. The main seat of the division is at Makhanda, with subordinate local seats at Port Elizabeth, East London, Bhisho and Mthatha.In 2013 under the Superior Courts Act, 2013 they became local seats of the Eastern Cape division, once again subordinate to Grahamstown.By using this site, you agree to the Terms of Use and Privacy Policy. A decision of a High Court in one division is not binding on another, but in practice has strong persuasive force. Currently, there are 10 provincial divisions: the Cape of Good Hope; Eastern Cape; Northern Cape; Free State; Kwa-Zulu Natal; Transvaal; Transkei; Ciskei; Venda and North-West; and three local divisions: the Witwatersrand Local Division, the Durban and Coast Local Division and South-eastern Cape Division. For more information on the High Court, please see. To browse decisions of the Eastern Cape Division handed down prior to 1 March 2009, visit the South Africa: High Courts - Eastern Cape database. Decisions are usually sent as weekly during term. The government has announced measures that are in place and still in the process of being implemented to provide some relief for Small and Medium-sized Entities. We have compiled a list of all the measures presently known to us of what the government is providing to small business to help them through this difficult time. We can only bring to your attention what has been announced. The guide explains the Covid-19 TERS directive, and outlines who can apply for the benefit, as well as the application process. http://steklo-shik.ru/userfiles/creative-wireless-adsl-8426-manual.xml eastern cape high court practice manual, eastern cape high court practice manual 1, eastern cape high court practice manual pdf, eastern cape high court practice manual instructions, eastern cape high court practice manual guide. They recognise that law firm income is cyclical and therefore match repayment expectations with the cashflow cycles of the firms they partner with. The application process begins with a consultation process with a Taurus Capital executive to understand the nature of the firm and its specific financial requirements. Key financial documents are submitted as well as applicable court orders, fee agreements, invoices, and book debts. These are used by Taurus Capital ’s team to conduct a financial analysis and develop bespoke solutions for each client. The fund value amounts to R500 million To apply, the business applying must comply with the following criteria: Registered with CIPC at 28 February 2020 100 owned by SA Citizens Should employ at least 70 South African Nationals The business applying should be fully tax compliant Priority will be given to businesses owned by women, youth and people employed with disabilities. Applicants must demonstrate direct link of impact or potential link of impact of Covid-19. The fund will be administered through a trust to provide interest free loans to businesses for a period of 5 years. To apply, the business applying must comply with the following criteria: Have an annual turnover of less than R25 million. Have been trading for two or more years. Must be in good standing with the banks. Must be a sustainable business on 29 February 2020. The company must be banking with one of the following banks: ABSA, FNB, Nedbank or Standard Bank. The business must be able to provide proof of how the lockdown and pandemic has affected the business. Firms are requested to obtain the necessary information and if the terms are affordable to apply to the above banks if they are clients. The fund will be administered through Business Partners Limited. The funding can be utilised to fund working capital. (Salaries, rent, loan instalments, etc). The funding will be provided via monthly disbursements. http://tourpark.com.ua/temp/fckeditor/creative-w350-manual.xml Qualifying criteria: The business must be tax compliant. February 2019 signed annual financial statements must be submitted. Ownership does not have to be SA citizens. More clarity on the above fund is yet to be made public on how to apply. Only businesses that are closed due to the lockdown, may apply. If shorter hours are worked, UIF must be claimed.The following relief is available: For companies with a turnover less than R50 million, they have the option to delay 20 of the company’s PAYE liability for a period up to four months starting 1 April 2020 (please note this is not applicable for the March 2020 PAYE that has to be paid by today, 7 April 2020). The PAYE liability that is delayed must be paid to SARS in equal instalments over six months starting 01 August 2020. For provisional taxes there is also a delay that will be communicated when the time comes for provisional tax returns. Click here for the explanatory notes on Covid-19 tax measures. Implementation date: 10 August 2020 Any person who was not at their place of residence, or work before the lockdown period and who could not travel between provinces, metropolitan and district areas during the lockdown are permitted in terms of regulation 16(5), on a once-off basis, to return to their places of residence or work. Regulations regarding legal practitioners are included. The second term has been extended to 10 July 2020. Click here to view the rescheduled Court Roll. The second term has been extended to 10 July 2020. Click here to view the rescheduled Court Roll. These resolutions will then apply in conjunction with those directives. We are a non-profit group that run this service to share documents. We need your help to maintenance and improve this website. She is an admitted Attorney and Notary of the High Court of South Africa. Currently, Salona is a PhD candidate at the Faculty of Law at the University of Cape Town. She holds an LL.B. from the University of KwaZulu Natal and an LL.M. http://www.bouwdata.net/evenement/bose-wave-radio-cd-service-manual in International Legal Studies from New York University. The reasons are historical. Thus originally, important primary sources of South African law were the treatises of authors such as Grotius, Johannes Voet, Simon Groenewegen and Johannes van der Linden. Law was modified or expanded by statute. Instead, it was decided that the local Roman-Dutch law would remain in force. However, English procedural law was adopted and this had a tendency to influence substantive provisions. As a result of such factors, the Roman-Dutch law of the Cape Colony was overlaid with a heavy English law influence.In terms of the South African Constitution (sections 30 and 31), customary law is an equal partner to the hybrid legal system.The most predominant types being Islamic, Jewish and Hindu law. Due to the constitutional provisions related to dignity, equality, language, culture and religion, there has been greater impetus to reform the current non-recognition of religious law.All law may not conflict with the South African Constitution. Such policies were practised as far back as the pre-1948 colonial era. However, 'apartheid' became the official South African government segregation policy following the electoral victory of the National Party in 1948. The word “ apartheid ” means “segregation” or “separateness” in Afrikaans. The underlying philosophy was to separate the races in order to promote the superiority and dominance of the minority white population whilst subjugating the majority black population. Key legislation creating this policy included the Population Registration Act 30 of 1950 (classifying the South African population into 'racial groups'); the Group Areas Act 41 of 1950 (providing for the segregation of residential and other areas) and a plethora of other acts designed to segregate every aspect of life, including public administration, education, health services, employment, transport and public amenities. http://jackson-pr.com/images/canon-super-g3-faxphone-l80-user-manual.pdf 'Grand apartheid' divided the territory of South Africa into separate 'states', some of which (the Transkei, Boputhatswana, Venda and the Ciskei) were given 'independence' by the South African government. In terms of South African law, the 'citizens' of such states lost their South African citizenship. Residents of the TBVC states, as well as those of other 'ethnic homelands' were not permitted to remain in 'white South Africa' without permission, unless they qualified to do so in terms of Act 67 of 1952 or other statutory exemptions (the 'pass laws'). Successive states of emergency were proclaimed during the 1980s. In 1990, the government began to negotiate with its opponents, a process that resulted in the Interim Constitution Act 200 of 1993. Democratic elections were held in 1994, and Nelson Mandela elected as President. In 1997, the final Constitution, Act 108 of 1996, came into effect. South Africa is a constitutional state, with a supreme constitution and a Bill of Rights. The documentation from the Constitutional Assembly is available from the University of Cape Town Law Faculty. Although South Africa is a unitary state, the Constitution has elements of federalism, and the nine provinces (Eastern Cape; Free State, Gauteng, KwaZulu-Natal, Limpopo (previously called the Northern Province), Mpumalanga, Northern Cape, North West and the Western Cape) may pass laws on certain matters such as education, health and housing. However, the national legislature retains its legislative power in these areas, and may override provincial legislation in the event of a conflict. Exclusive provincial legislative competence is reserved for less important matters such as abattoirs and liquor licenses. The provinces have a role in drafting national legislation through their participation in the National Council of Provinces, the second house of Parliament. Each province is headed by a Premier and an Executive Council. Provided they have the capacity to do so, provinces may establish executive departments for public administration. Thus, provinces may establish provincial departments of Education, Health, etc. Draft bills may be published for comment in the Government Gazette, but bills are published as a separate series, undergoing several amendments as a result of discussion in the portfolio committee or select committee before final adoption. Sometimes, a commencement date is proclaimed separately by the President, also by notice in the Gazette. Specific regulations in terms of the various acts are drawn up by the ministries concerned, and published in the Government Gazette. This has been the case since the adoption of the Interim Constitution in 1994 and subsequently the 1996 Final Text of the Constitution. Previously, the system that ran was premised on Parliamentary sovereignty or supremacy, though others have argued that in practice, it was supremacy of the Executive. This is particularly so with regard to the application of the Bill of Rights under Chapter 2 of the Constitution. The horizontal application of the Constitution has a number of fundamental implications on the whole discourse on South African law as we know it. First, such application affirms the status of the Constitution as supreme law; and not merely as supreme public law.It is both undesirable and unnecessary, for purposes of this case, to attempt to do that which has seemingly eluded scholars in the past and given rise to wide differences of opinion among them, namely, the drawing of a clear and permanent line between the domains of private law and public law and the utility of any such efforts. Much of this interesting debate is concerned with an analysis of power relations in society; the shift which has taken place in the demarcations between “private law” and “public law”; how functions traditionally associated with the state are increasingly exercised by institutions with tenuous or no links with the state; how remedies such as judicial review are being applied in an ever widening field and how legal principles previously only associated with private legal relations are being applied to state institutions. Suffice it to say that it could be dangerous to attach consequences to or infer solutions from concepts such as “public law” and “private law” when the validity of such concepts and the distinctions which they imply are being seriously questioned. The reasoning was clear: the Constitution is the supreme law of the land, whether such law is public or private, and hence the head of the Court that has the final word on Constitutional matters must necessarily be the Chief Justice of the country. Thus for instance, Section 39(2) of the Constitution provides that when interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights. Thus, the common law and customary law must be interpreted in a manner that furthers the values of the Constitution. The principle of stare decisis is well settled in common law jurisdictions. In the case of United States Internal Revenue Serv. v. Osborne (In re Osborne), the ninth Circuit Court of Appeals lucidly described stare decisis, stating that: The Constitutional Court is the highest Court in South Africa in all cases involving the interpretation or application of the Constitution. Since the Constitution is the supreme law of the country; the Constitutional Court may, in that respect, be regarded as the highest Court in South Africa. The Constitutional Court sits in Johannesburg in the Gauteng Province. The website of the Court consists of a full text database of all Constitutional Court cases handed down since the first hearing in 1995. Documents available for viewing, printing or downloading include full judgments, summaries of judgments highlighting the main questions of law decided in each case as well as heads of argument, pleadings and documents. Since 1995, the Court has, through scores of decisions that it has handed down, developed a relatively rich pool of constitutional jurisprudence that is sophisticated and in many ways serves as a model for common law-based jurisdictions, especially in Africa. Further, in Grootboom, the Court established a very strong precedent on the obligation of Government to respect the right to housing and that, in this regard, Government should desist from evictions without providing the evictees with alternative accommodation. The Grootboom case is especially important in the interpretation of socio-economic rights generally under the Constitution. The Court, for instance, importantly but regrettably in the opinion of a substantial body of scholarly thought, refused to apply the concept of minimum core content obligations in the interpretation of socio-economic rights, as developed by the United Nations Committee on Economic, Social and Cultural Rights. Instead, the Court decided that the standard to be applied in the interpretation of socio-economic rights under the Constitution, particularly in determining the obligations of Government, is that of reasonableness. Special mention is made here of mostly the Court’s decisions in socio-economic rights cases as this is an area where there is a dearth of jurisprudence in many parts of the world, especially in Africa. Thus the Constitutional Court of South Africa is, in this regard, a pacesetter in many respects. More Landmark decisions handed down by the Constitutional Court can be accessed here. The Supreme Court of Appeal sits in Bloemfontein in the Free State Province. As a historical note, the Cape Supreme Court was established in Cape Town in 1828. When circuits (travelling courts) around the Cape Colony became too arduous, divisions of the Court were established in the Eastern Cape and in the Northern Cape (then known as Griqualand West). The Natal Supreme Court was established in 1857. The first High Court of Justice was set up in the Zuid-Afrikaansche Republiek in 1877, while the Orange Free State instituted a High Court in 1854. Following the Union of South Africa in 1910, a new Supreme Court of South Africa was formed, with provincial and local divisions in all four provinces. A new Appellate Division in Bloemfontein heard appeals from the other divisions of the Supreme Court and set precedent which was binding country-wide. The 'independent states' created during the apartheid era established superior courts in their territories. In terms of the new Constitution, the existing provincial and local divisions of the erstwhile 'Supreme Court' (including the courts in the TBVC states) were renamed High Courts, and the Appellate Division was re-established as the Supreme Court of Appeal. More information on the Supreme Court of Appeal, including judgments handed down by the Court, can be accessed here. These courts are bound by decisions made by the Supreme Court of Appeal and Constitutional Court. The High Court acts as an appeal court for the lower courts and for decisions taken by a single judge in the High Court. In order to mete out justice in rural areas, circuit courts are established to deal with criminal matters.Decisions of lower courts are not reported. Magistrates’ courts are established in terms of the Magistrates’ Courts Act 32 of 1944. These courts are bound by decisions made by the High Court, Supreme Court of Appeal and Constitutional Court. These courts have limited jurisdiction and their functions are determined and limited by legislation. In terms of section 170 of the Constitution, magistrates’ courts may not enquire into or rule on the constitutionality of any legislation or any conduct of the President. Regional courts have jurisdiction within a particular geographical region to hear criminal matters (except treason) and certain civil matters (per the Jurisdiction of Regional Courts Amendment Act 31 of 2008). These courts have limited penal jurisdiction in that it cannot impose a sentence of imprisonment of more than fifteen years and it may not impose a fine of more than R300 000 (South African Rand). These courts have jurisdiction to hear both civil and criminal matters within that particular district. With regards to civil matters, the court is limited to hearing matters where the quantum does not exceed R100 000 (unless the parties agree to the jurisdiction of the district court). With respect to criminal matters, the court cannot decide on crimes of treason, murder and rape.These are: Section 231 of the Constitution addresses the various circumstances in which international agreements (or treaties) are applicable in South Africa. This provision provides that as a general rule, a n international treaty that has been ratified and approved by the National Parliament, becomes locally enforceable by the courts as part of domestic law when it is transformed or incorporated into local law. Both transformation and incorporation are legislative measures, meaning that they involve the adoption of local legislation to give effect to the treaty in question. An example would be the Refugee Act of 1998 giving effect to the 1951 UN Convention Relating to the Status of Refugees together with its 1967 Protocol; and the 1969 OAU (AU) Convention Governing Specific Aspects of Refugee Problems in Africa. In the event of incorporation, the local legislation simply adopts the treaty in toto as being applicable as domestic law. Interestingly, section 231(4) specifies that a self-executing provision of an international agreement is applicable without transformation or incorporation, if it is approved by parliament and consistent with the Constitution.Customary international law refers to rules that are developed as the result of consistent widespread state practice, which practice is viewed as legally binding by those states.In addition, section 233 of the Constitution obliges every court when interpreting legislation to prefer any reasonable interpretation of the legislation which is consistent with international law over any interpretation which is not. Importantly, Section 39(1)(b) of the Constitution obliges courts in South Africa to consider international law when interpreting the Bill of Rights of the Constitution.They are also republished commercially in consolidated ('as amended') form by the major South African legal publishers, LexisNexis, Butterworths and Juta. The Gazette is usually the only printed source of regulations - subordinate legislation issued by government ministers in terms of enabling statutes. Draft bills are occasionally published in the Gazette, but bills are issued as a separate series and obtainable from the Government Printer. The Gazette also includes proclamations, government notices, commencement dates of statutes, price regulation measures and industrial regulations. The set is arranged into subject 'titles' (e.g. 'agriculture', 'labour', 'water', etc.) Within each 'title' the acts are arranged chronologically. The index volume (vol.1) contains both an alphabetical and a chronological table of statutes. The chronological index also lists repealed acts, with details of the repealing legislation. Indexes at the end of each 'title' include: a subject-matter index to recent legislation, and a section with references to decided cases which give judicial consideration to the statute concerned. These references include the regulation gazette or the government notice number, the Government Gazette number and date of publication. Juta classifies the acts into 18 groups and 105 subgroups according to their subject matter. The full text of principal acts is given, but amending acts appear in abbreviated form, because the amendments will have been incorporated into the relevant principal acts. Substantive provisions in amending acts are reproduced in full. The index volume provides alphabetical and chronological tables of statutes and an alphabetical index to groups and subgroups. Other indexes include 'Legislation Judicially Considered', which lists leading cases on particular sections of the statutes; and an index to regulations passed in terms of the various acts, providing the Government Gazette numbers where the regulations may be found. This service is aimed at legal practitioners, and the acts selected tend to be those which are used in everyday legal practice and which change frequently e.g. the Magistrates Court Act, the Supreme Court Act and the Criminal Procedure Act. This loose-leaf service is updated quarterly, and is thus reasonably up-to-date. Unlike the main Butterworths set of statutes, these works reproduce the full text of the regulations and rules made in terms of the acts. These works include both the principal acts and the regulations made in terms of these acts, and regulations are thus more easily accessible. There is usually editorial commentary discussing the statutory material. Notable examples are: The electronic versions of the South African Statutes products are substantially similar to the print versions, including all indexes, and may thus be used in the same way. However, the electronic versions also allow a range of keyword searching options. If the library subscribes to additional products such as the online law reports, indexes such as 'legislation judicially considered' will link directly to the full text of the cases concerned. The statutes collections published in electronic form include the full text of many regulations. These electronic libraries typically include relevant statutes, case law and commentaries, and some include journal articles, full text electronic textbooks, and regulations. The site includes the full text of legislation: Bills since 1995, and Acts since 1993, and also provides the full text of: White Papers; Commission reports; Discussion documents; Green papers; Notices and Regulations; Policy documents; Reports; and Speeches. The site also provides background information on Members of Parliament and the legislative process; selected Parliamentary papers, Parliamentary Committee reports and Hansard reports. The full text of many regulations is also reproduced here. The site provides the full text of many speeches and policy and information documents, including white papers and green papers. It also provides useful background information on various aspects of the South African governmental structure and process, as well as links to the various Government Departments and the Provincial Governments. Many of the provincial governments publish provincial legislation and official policy documents online. See, for example, Gauteng, the Western Cape, KwaZulu-Natal, the Eastern Cape, and Mpumalanga. The World Legal Information Institute provides links to some of the sites mentioned above, as well links to a few other South African acts. Search under South Africa in the Worldlii catalogue. See the publishers' websites for more information. Prior to Union in 1910, law reports were published for each of the High Courts in the Cape Colony, Natal, Orange Free State and Transvaal. From 1910 onwards, decisions of the Appellate Division were reported in addition to the separate reports for the four Provincial Divisions. Juta, South Africa's oldest legal publisher has published law reports since the mid-nineteenth century. In 1947, Juta began publishing the (amalgamated) South African Law Reports (SALR), which includes leading judgments from all the South African superior courts as well as selected judgments from Zimbabwe and Namibia. Specialised law reports series from Juta include the Industrial Law Journal (since 1980), and the South African Criminal Law Reports (since 1990). The other major South African legal publisher, Butterworths (now LexisNexis Butterworths), launched several series of law reports in the 1990's. These include: Butterworths Constitutional Law Reports; Butterworths Labour Law Reports; and the All South African Law Reports (All SA), which are modelled on the All England Law Reports and include leading judgments from South African courts on all areas of law. All SA replaces the Prentice Hall Weekly Law Reports, which were published from 1923 to1995. Appeals from South African courts heard by the English Privy Council were reported in the English Appeal Court (AC) cases, which contain some important South African appeals. These cases have been collected and published in a single volume: J.L. Taitz (ed.) Privy Council Reports. - Cape Town: Juta, 1997, covering the period 1833 - 1950. These include Judgements on Copyright (first issued in 1993); Insolvency Judgements: A Review: Superior Court Judgements since 1992 (2nd Ed first issued in 2000); Sureties (2nd Ed first issued in 2001); The Business of Banking and Law (first issued in 2000); and Shipping Cases of South Africa (first issued in 1995). Other specialised series of law reports include Juta's South African Tax Cases (since 1926) and the Butterworths series: Pensions Law; Arbitration Awards; and Competition Law Reports. This four-volume work includes tables of cases; a 'noter-up' (which is similar to the American Shepards, and provides information on the subsequent history of points of law set down in a case); indexes to judicial interpretation of legislation and legal 'words and phrases'; and a two-volume subject index. This four-volume work contains tables of all cases reported in the series since 1947; a table of Case Annotations for both local and foreign cases referred to in South African judgments (outlining the nature and extent of the consideration given to the prior judgement); a table of legislation considered by the courts and a two-volume subject index. Juta has also published various indexes to its law reports for each division of the High Court for the period 1828-1946. This cumulative index is updated annually. Another annually cumulated index, the Butterworths Labour Law Reports Index covers cases reported in this series since 1994. In the past, this was in either of the two official languages, English and Afrikaans. The Chief Justice of the Constitutional Court has said that English is now the official language of record in South African courts. Juta published the English translations of Afrikaans judgments in its South African Law Reports Translations (1969-1980) and revived this series briefly in the mid 1990's. (1995-1997). These are available either as CD-ROM products, or online from the publishers' websites. Van Schaik Publishers has produced a CD containing judgments from the precursor series to the South African Law Reports for the period 1828-1946. The Butterworths Consolidated Index and Noter-up is also available in electronic form, while Juta's Index and Annotations is included in its CD or online versions of the SALR. The 'electronic libraries' produced by each publisher (discussed above) include relevant case law. LexisNexis ' Judgements Online and Juta’s Legalbrief are subscription databases available through the publishers' websites. Skryť