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BCLR/MJS Step Ahead Newsletter No. 1/2008

Mere suspicion by SARS does not suffice to prove fraud by a taxpayer

The effect of sequestration or winding-up on a creditor who has already obtained judgment against the debtor

Misdescription of insured property - rejection of insurance claim

Beware penalty clauses in contracts

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From the judge's mouth

Removal of jacket but not trousers

"Advocate Michael Gillespie (now Mr Justice Gillespie, who is making a notable contribution to our law), was appearing before Mr Justice Samatta, a Tanzanian judge, who for a few years in 1980's, served on the bench here. Gillespie had to ask for permission for a witness to be allowed to give evidence without wearing a jacket. He did so along the following lines:

' My lord, the witness was out during the luncheon adjournment and was caught in an unexpected rainstorm and his jacket is soaked and unpresentable. Might I crave the indulgence of the court and ask whether he might give his evidence in his shirt sleeves ?I should add, my lord, that I myself was caught in the same downpour and my trousers got wet, but I seek no further indulgence from your lordship. ' " *

* From a letter of 3 June 1998 by Mr John Reid Rowland, registered legal practitioner, Zimbabwe to Ellison Kahn, published in "Law Life and Laughter Encore", Ellison Kahn, Juta & Co, 1999.

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