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The Hospital-Acquired Infection Outbreak ReportOutbreak management and infection control in medical facilities are stric...
28/08/2026

The Hospital-Acquired Infection Outbreak Report

Outbreak management and infection control in medical facilities are strictly governed by the National Health Act 61 of 2003 and the Notifiable Medical Conditions (NMC) regulations. Heads of health establishments carry an absolute statutory duty under Section 90 to immediately report any cluster of healthcare-associated infections or resistant superbugs to provincial authorities and the National Institute for Communicable Diseases (NICD).

Concealing an outbreak to protect institutional reputation violates public health regulations and empowers health inspectors to issue urgent closure directives. Civilly, hospitals owe patients a strict common-law duty of care; failing to maintain sterile environments or covering up infections exposes the facility to severe delictual liability for medical negligence and wrongful death.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Private Security Officer ComplaintPrivate security providers and officers are strictly regulated under the Private S...
28/08/2026

The Private Security Officer Complaint

Private security providers and officers are strictly regulated under the Private Security Industry Regulation Act 56 of 2001 (PSIRA). Under Section 20, both security businesses and individual guards must maintain active registration with PSIRA and abide by the statutory Code of Conduct. Assault, deploying unregistered staff, or carrying illegal fi****ms are severe offenses investigated by designated PSIRA Inspectors under Section 31 statutory powers.

Complaints submitted to PSIRA are adjudicated before a formal Disciplinary Committee; under Section 26, PSIRA holds the authority to levy administrative fines, suspend operations, or permanently revoke the registration of both the officer and the security firm. Criminal conduct is concurrently referred to SAPS for prosecution under Section 38, ensuring private guards remain fully accountable under the law.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Unregistered Medicine RaidThe sale and distribution of health products are strictly governed by the Medicines and Re...
28/08/2026

The Unregistered Medicine Raid

The sale and distribution of health products are strictly governed by the Medicines and Related Substances Act 101 of 1965. Under Section 14, no medicine may be sold or distributed without prior evaluation and registration by the South African Health Products Regulatory Authority (SAHPRA). Designated SAHPRA Inspectors, operating under statutory powers in Section 28, conduct unannounced raids alongside SAPS to inspect, sample, and seize unregistered, counterfeit, or illegally imported substances.

Seized stock is documented on formal inventory notices and detained for prosecution. Possessing, selling, or importing unregistered medicines is a criminal offense under Section 29, carrying statutory penalties under Section 30 of up to 10 years' imprisonment, followed by court-ordered forfeiture and mandatory destruction of all seized products.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Taxation of CostsRecovering litigation expenses following a favorable court order is strictly governed by Rule 70 of...
28/08/2026

The Taxation of Costs

Recovering litigation expenses following a favorable court order is strictly governed by Rule 70 of the Uniform Rules of Court (High Court) and Rule 33 of the Magistrates’ Courts Rules. The party awarded costs serves an itemized Bill of Costs alongside a Rule 70(3B) Notice of Intention to Tax. The opposing party has 20 court days to file written objections to specific items—such as excessive attendances, counsel fees, or non-tariff disbursements.

Operating on the court-ordered scale (usually Party-and-Party), the Taxing Master moderates each line item against prescribed statutory tariffs. Upon completion, the Taxing Master signs an Allocatur, turning the bill into a legally enforceable judgment. Rulings on disputed items can be formally challenged before a High Court Judge via a Rule 48 Review of Taxation.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Writ of DeliveryEnforcing a judgment for the return of specific movable property is governed by Uniform Rule 45(1) (...
28/08/2026

The Writ of Delivery

Enforcing a judgment for the return of specific movable property is governed by Uniform Rule 45(1) (Form 18) in the High Court and Rule 36 of the Magistrates’ Courts Rules (Form 32). Arising from a rei vindicatio or specific performance claim, the writ must explicitly identify the item by unique markers (such as VIN or serial numbers).

It authorizes the Sheriff to enter premises, seize the exact property, and hand it over to the judgment creditor. Hiding or refusing to surrender the specified item constitutes contempt of court. If the Sheriff certifies the property cannot be found or was destroyed, the creditor enforces the alternative money judgment for the item's value via a standard writ of ex*****on against general movables.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Third Party NoticeMulti-party liability in High Court litigation is governed by Rule 13 of the Uniform Rules of Cour...
28/08/2026

The Third Party Notice

Multi-party liability in High Court litigation is governed by Rule 13 of the Uniform Rules of Court. When a defendant claims a right to indemnity or contribution against a non-party, or where a common issue exists, they serve a Rule 13 Notice (Form 7) accompanied by a detailed statement of claim prior to or alongside their Plea.

Under Rule 13(6) and (7), the third party becomes a formal litigant entitled to defend against both the defendant's claim and the plaintiff's main action. In delictual claims, serving a Rule 13 notice is mandatory under Section 2 of the Apportionment of Damages Act 34 of 1956 to preserve a joint wrongdoer's right to claim financial contribution, consolidating all related claims into a single trial.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Discovery NoticeDocumentary evidence in High Court action proceedings is governed by Rule 35 of the Uniform Rules of...
28/08/2026

The Discovery Notice

Documentary evidence in High Court action proceedings is governed by Rule 35 of the Uniform Rules of Court. Following close of pleadings, a party serves a Rule 35(1) Notice to Discover (Form 11), requiring the opponent to submit a sworn Discovery Affidavit (Form 12) within 15 court days listing all relevant contracts, communications, and electronic records.

The affidavit explicitly categorizes documents produced, privileged communications, and lost records. If a party fails to discover or conceals records, the aggrieved party applies under Rule 35(7) for a court order compelling discovery; non-compliance empowers the court to strike out the defaulting party's claim or defence. Furthermore, under Rule 35(10), undisclosed documents cannot be introduced as trial evidence without express leave of the court.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Counterfeit Goods SeizureTrade in fraudulent or dangerous imitation products is strictly criminalized under the Coun...
27/08/2026

The Counterfeit Goods Seizure

Trade in fraudulent or dangerous imitation products is strictly criminalized under the Counterfeit Goods Act 37 of 1997. Designated Inspectors—comprising SAPS members, SARS Customs officers, and DTIC officials—hold statutory authority under Sections 4 and 5 to obtain search warrants, or execute warrantless seizures under narrow emergency conditions under Section 6. Seized items are issued a formal Section 7 Inventory Notice and transferred to an official Counterfeit Goods Depot under Section 8.

Dealing in, importing, or possessing counterfeit items constitutes a criminal offense under Section 2: first offenders face statutory fines up to R5,000 per article or 3 years' imprisonment under Section 14. Upon conviction, the court issues an order under Section 20 for the mandatory forfeiture and destruction of all seized stock.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Deportation Order ReviewDeportation procedures are strictly governed by Section 34 of the Immigration Act 13 of 2002...
27/08/2026

The Deportation Order Review

Deportation procedures are strictly governed by Section 34 of the Immigration Act 13 of 2002 and the Refugees Act 130 of 1998. Detainees must receive written notice (Form 29) and, under Constitutional Court precedent (Lawyers for Human Rights), must appear before a Magistrate within 48 hours to confirm detention. Under Section 2 of the Refugees Act, the principle of non-refoulement strictly prohibits the deportation of anyone with an unfinalized asylum application, active appeal, or pending judicial review.

Furthermore, High Courts will grant urgent interdicts staying deportation where the rights of minor South African children are compromised under Section 28 of the Constitution. If detention exceeds statutory limits or violates due process, an urgent application for a writ of de homo libero exhibendo secures immediate judicial release.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

The Railway Safety Incident ReportRailway safety and infrastructure compliance are strictly governed by the National Rai...
27/08/2026

The Railway Safety Incident Report

Railway safety and infrastructure compliance are strictly governed by the National Railway Safety Regulator Act 16 of 2002. Under Section 22, public rail operators like PRASA/Metrorail cannot operate without a valid Safety Permit from the Railway Safety Regulator (RSR). Section 38 mandates immediate reporting of all derailments, signal failures, near-misses, and passenger injuries to the RSR.

RSR Safety Inspectors possess statutory powers under Section 40 to inspect rolling stock and issue binding Special Directives under Section 42 or suspend the operator’s Safety Permit under Section 24. Civilly, injured commuters can claim delictual damages for negligence: the Constitutional Court (Mashongwa v PRASA) holds that rail operators owe passengers a constitutional and delictual duty of care to maintain safe carriage environments and operational equipment.

Disclaimer: This content is for educational purposes only and does not constitute legal advice. Call Mogodiri Attorneys to book a consultation: 012 824 4380.

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