The dispute between the KZN Law Society and Varsity College over the latter’s LLB accreditation has taken a new turn: the Council on Higher Education confirmed that there is no difference in the quality standards applicable to the Varsity College degree compared to that offered at public universities. This is not disputed by the Law Society. I confess that, whilst the Law Society’s take may be literally correct, it will be a dark day if students at this college is not allowed into the profession.
The High Court in Pretoria has ruled that, where the monetary value of an action or application is within the jurisdiction of the magistrates’ courts, such actions or applications should be instituted in those courts, unless the High Court specifically grants permission for it to hear the matter. The bone of contention was that banks wished to approach the High Court, claiming that the magistrate’s’ courts were inefficient. The court disagreed and found this to be an abuse of process and impinged on the rights of access to justice of poorer litigants.
A divided bar? Zimbabwe had, following on the Beadle Commission, fused their legal professions in 1981. The arguments then raised for and against fusion revolved around (amongst others) efficiency and objectivity. One of the considerations that weighed heavily was the argument that a fused profession could deliver cheaper legal services than was the case under a divided system. The counter argument was that, because an attorney’s overheads are much higher than those of an advocate, the latter could in theory deliver the same services more cheaply. Also, because of an advocate’s greater experience he would be more efficient than an attorney. The Beadle Commission considered these and found for a fused system.
Who must sue for eviction: the owner or the mortgagee?
Most bonds contain a clause which says that the bank has the right to rentals if the bond payments are not forthcoming. If a bank holds these rights as cessionary, can the owner still sue for eviction? In this case, the person’s to be evicted raised as defence against the owner that it had no standing to sue as these rights were held by the bank. Desperate times. The question was not conclusively answered as the owner had obtained a re-session of the right to evict from the bank. Take a look: Reference
ADR in commercial practice and in the construction industry: two UCT professors and the director of an international law firm teamed up to write a note on ADR, finding that it is often the most appropriate form of dispute resolution, especially where social capital is at stake. Ask me for a copy.
