Barrister. Claims to be South Africa's first #AppellateTwitter follower.
Joined March 2017
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17 Feb 2020
(Adds "Once described as 'a South African lawyer' by @KannonShanmugam to list of professional achievements.)
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Today's judgment is a good (bad) example. It's confusing that the majority judgment is not the first judgment. Writing chamber I know I know. But why not at least label them majority and dissent?
May 27
Sorry, I didn’t come back to this earlier.
I wholeheartedly agree. It’s often confusing to figure out which is which, until you’re deep into the judgment.
The SCA is the worst culprit but the CC is now catching up.
Let’s go back to basics, please?
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RIP no-profit-no-loss: linkedin.com/posts/jason-mit…
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At some point we need to have a discussion about how appellate courts label judgments. South African appeal courts some very reluctant to use "majority" and dissent". The Concourt's practice of "first", "second", "third" isn't helpful...
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To my knowledge, only the second time the SCA has sat with 7 judges, with a 4-1-2 split! linkedin.com/posts/jason-mit…
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Without wanting to sound too alarmist, this must now be in the conversation for the deepest jurisprudential split in SA legal history. This is the eleventh judgment on reconsideration this year alone. There are now 3 clear splits: ...
May 13
Hey @JasonMitchellSA and @dansmywholename can we say there’s a small jurisprudential crisis at the @SCA_ZA regarding section 17(2)(f) of the Superior Courts Act?
The court has now given at 3 judgments on it this year, including one given today, which is split 3 ways (2-2-1).
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...(1) the test for reconsideration; (2) whether a 3-judge panel can overrule a 5-judge panel; and (3) the appropriate order if reconsideration is refused
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On personal jurisdiction, arbitration, and (potentially) conflict of laws and cession: linkedin.com/posts/jason-mit…
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On the constitutional limits of personal jurisdiction: linkedin.com/posts/jason-mit…
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The SCA (seemingly inadvertently) settled the debate on the test for leave to appeal today: "It is now trite that section 17(1)(a)(i) of the Superior Courts Act have raised the threshold for grating leave to appeal": saflii.org/za/cases/ZASCA/20…
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Some thoughts on the expansion of personal jurisdiction over foreign defendants: gcbsa.co.za/law-journals/202…
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The last episode of Allpay: saflii.org/za/cases/ZACC/202…
Still not much clarity about what no-profit-no-loss means, besides it's all discretionary
@dansmywholename update that syllabus!
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On administrative law and unjustified enrichment: linkedin.com/posts/jason-mit…
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Some more quick stats for the SCA for January to March 2026, this time on acting judges and appearances: linkedin.com/posts/jason-mit…
Some quick stats from the SCA for January to March 2026: linkedin.com/posts/jason-mit…
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Interesting stuff from the SCA on enrichment and procurement, plus an accurate description of what Oudekraal actually says!
saflii.org/za/cases/ZASCA/20…
@dansmywholename @MbekezeliMB
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