By Sipho Matshie Opening Remarks Aviation in South Africa is regulated by domestic and international instruments, which demand strong adherence to strict safety standards by all role players in the industry. For airports, which are a cornerstone of tourism and trade, the question of safety should not even be up for debate. Airports play a […]
By Sipho Matshie Is international law, really law? This question often surfaces when violations of international law occur without accountability. Of late, the question dominated media platforms and was topical in the international community when the United States of America (USA) engaged in what was termed gross violation of international law. The merits of the
By Sipho Matshie Introduction Upon institution of legal proceedings, it is important that all interested parties be informed about the case. A plaintiff to an action or an applicant to an application must ensure that a defendant(s) or respondent(s) is aware of the legal action. This takes place through the so-called service of process, which
High Court cautions: an improper service is a rescindable error Read More »
Sipho Matshie Introduction The Supreme Court of Appeal (SCA) judgment in Oudekraal Estates (Pty) Ltd v City of Cape Town and Others 2004 (6) SA 222 (the Oudekraal case) has had profound influence in South African administrative law. The SCA developed the so-called “Oudekraal Principle” which became a legal principle underpinning judicial review within the
By Sipho Matshie Introduction The fundamental principle that “justice delayed is justice denied” is at the core of the recent directive introducing compulsory mediation in the Gauteng Division. The backlog in civil trials, with matters set down as far as 2031, indicates a dire need for reform. Section 34 of the Constitution of the Republic
Sipho Matshie On 29 January 2025, FlySafair’s flight FA711 enroute from George to Johannesburg had a bizarre circumstance midway through its journey. On a routine domestic flight, its pilot experienced a sudden medical emergency, leaving the aircraft’s command primarily in the hands of the co-pilot. After being in charge of the aircraft, the co-pilot made
Ensuring Safety in the Skies: A Review of the recent FlySafair In-Flight Cockpit Drama Read More »
Sipho Matshie Introduction Lesotho is a country that is completely landlocked by South Africa. These two nations enjoy political, economic and cultural ties. However, there is currently a lacuna between these countries of an agreement that regulates practice within the legal profession. This has been made apparent by the High Court judgment in Molapo v
