It is accepted nowadays that cyberspace used extensively to commit cybercrimes and cybersecurity offences. Victims of cybercrime can use civil procedure institute claims for damages. Civil a branch law allows victims crimes This article examines the impact Cybercrimes Act 19 2020 (Cybercrimes Act) on South African procedure. appears contravention may result in financial problems plaintiff, which then enables latter claim against defendants. The authors determine whether contravening...

Confidentiality is important in legal practice as it obligates practitioners to protect clients' information. It often linked the right privacy entrenched section 14 of Constitution Republic South Africa, 1996. The link made on basis entitlement attorney-client confidentiality. Furthermore, rules courts civil proceedings require include personal or confidential information court documents, including their identity numbers. requirement documents found particular Rule 3(A)(1)(b)(i) Uniform...

Chapter 19 of the Children’s Act No. 32 2005 regulates practice surrogate motherhood in South Africa and provides legal certainty regarding rights children born as a result surrogacy, including different parties involved. Despite clarity consequences human reproduction by artificial fertilisation women acting mothers, some gaps inconsistencies certain medical ethico-legal issues remain. The purpose this article is to critically examine selected provisions whose implementation hampered lack...

The Electronic Communications and Transaction Act 25 of 2002 is an effective piece legislation that strives to put South African law on the map evolving global world. However, some provisions have not yet been recognised in civil proceedings, particularly section 27 ECT Act. Although rules attempt embrace e-technology, such as Rule 4A Uniform Rules Court, this sufficiently compliant with e-technology. CaseLines system implemented by judiciary seeks enforce a certain extent but lacuna has...

E-technology has fast become an acceptable and convenient method of communication a prerequisite business transactions globally. South Africa is no exception to the trend. While technological progress facilitated rapid change in way humans communicate transact, African law not kept abreast swift transformation growth this sector. This lacuna especially evident civil procedure, which regulates process courts. Although subject regular amendment, it appears prima facie embrace advances...

In South Africa the legislature passed a statute that regulates cyber fraud is called Cybercrimes Act 19 of 2020 in an attempt to combat cybercrimes, which include fraud. The commission Civil Procedure constitutes cause action enables victim claim for damages. It not clear terms whether may institute proceedings whilst matter pending before court criminal or after perpetrator convicted. This raises question on application two common law principles defendant raise as special plea. Thus, res...