ISSN: 1996-2118
Affiliations: North-West University
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 314-327
https://doi.org/10.47348/SACJ/v38/i2a7
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ISSN: 1996-2118
Affiliations: University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 327-340
https://doi.org/10.47348/SACJ/v38/i2a8
None
ISSN: 1996-2177
Affiliations: Professor, Faculty of Law, University of Cape Town
Source: South African Law Journal, Volume 142 Issue 4, p. 659-675
https://doi.org/10.47348/SALJ/v142/i4a1
This note highlights issues arising from the court’s reasoning in Wallage v Williams-Ashman NO & others 2023 (4) SA 113 (SCA) and, particularly, the wording of s 2B of the Wills Act 7 of 1953. The note takes the view that s 2B may need closer examination due to its potential reinforcement of the ‘optimism bias’. It also addresses several miscellaneous issues arising from the case.
ISSN: 1996-2177
Affiliations: Senior Lecturer, University of the Free State
Source: South African Law Journal, Volume 142 Issue 4, p. 676-692
https://doi.org/10.47348/SALJ/v142/i4a2
This note critically examines the Gauteng High Court’s decision in Perumal v Janse van Rensburg NO & others, highlighting the judiciary’s ongoing failure to provide legal clarity about the condonation of electronic wills under s 2(3) of the Wills Act 7 of 1953. The judgment condoned a printed copy of an electronic document without adequately addressing its digital status or the statutory requirements for condonation. The case reveals deeper uncertainty about the application of s 2(3), particularly where a document is unexecuted and drafted by a third party. Moreover, the deceased’s conduct and communications suggest that, although his dispositive intentions were clear, he did not regard the document as his final will and therefore lacked the requisite animus testandi. This missed opportunity illustrates the disconnect between legal formalism and evolving testamentary practices, reinforcing the need for judicial engagement and legislative reform to accommodate digital wills in the South African law of succession.
ISSN: 1996-2177
Affiliations: Attorney of the High Court of South Africa
Source: South African Law Journal, Volume 142 Issue 4, p. 693-706
https://doi.org/10.47348/SALJ/v142/i4a3
This note analyses the Constitutional Court’s approach to its jurisdiction over the misapplication of settled common-law legal tests. The note criticises the court’s approach in recent cases as being unnecessarily circumscribed and argues that the outcome of the Olesitse case is commendable as it best ensures the maximum protection of constitutional rights and a coherent and harmonious development of our legal system in line with constitutional dictates. The note nevertheless criticises the court for adopting an ambivalent approach that sought to draw an overly fine distinction between a misapplication of the law and an error of law.