Do You Understand The Words “Without Prejudice”
It has become common place for the members of the public to use the words without prejudice believing that the words will somehow protect them. The only time that the words “WITHOUT PREJUDICE” have any meaning is when use them in the correct manner. The purpose of the words “without prejudice” is specifically used when […]
Beware of Bashing your Ex in Social Media!
By Judy Wilkins The perfect, easy divorce is the exception to the rule! Many divorces turn ugly very quickly. Emotions run high as one or both parties do not agree on the primary residency of the children, or deliberately inflame or exaggerate things to children , family and friends in a misguided attempt to get […]
The laws of surrogacy in South Africa.
The laws of surrogacy in South Africa have been regulated by the Children`s Act 38 of 2005 in Chapter 19, before this Chapter came into effect in 2010 surrogacy was an agreement between parties. This agreement was known as a ‘Surrogate Motherhood Agreement.’ When the child was born the parties would then follow steps which […]
The Cyber Crimes Act
The newly enacted Cybercrimes Act (“Act”) is very important and assists us all. It creates offences not only creates offences but defines cybercrime. also codifies and imposes penalties on cybercrimes and defines cybercrime includes , acts such as: the unlawful access to a computer or device such as a USB drive or an external hard drive; the […]
The Myth of common law marriage.
There is no such thing as a common-law marriage, just because you have lived together for many years does not mean that your relationship has the status of a legal marriage. There is a principle of universal partnership where it must be proved that the couple intended to deal with all their assets together and […]
Landlord & Tenant
Whether you are a landlord or a tenant you need to know legally where you stand. This article will deal with a basic understanding of our law. There are two types of law which govern this area of the law-: Common Law- This means judgments in Courts which need to be followed and create precedent […]
Does a married person have a duty to disclose an extra marital affair?
This is an interesting case heard in the Bloemfontein High Court. An ex-husband sued his ex-wife for damages for fraud because she failed to disclose an extra marital affair. He found out after the divorce proceedings that his third child was not his. He informed the Court that he had brought up this third child […]
Dismissal on the grounds of age is automatically unfair
Dismissal on the grounds of age is automatically unfair unless the employee “has reached the normal or agreed retirement age for persons employed in that capacity” (section 187(2)(b) of the Labour Relations Act, 1995). If the parties agree on the retirement age in the employment contract, the employer may require the employee to retire when he/she […]
There’s no such thing as a common law wife/husband
Cohabitation – there’s no such thing as a common law wife/husband people think. What there is, is called a universal partnership and the courts could find a couple has a universal partnership People used to believe that as long as you were not married, there is no chance of your lover having a claim against […]
All companies need to take note new requirements from the CIPC need to comply by October 2023.
The Companies and Intellectual Property Commission (CIPC) requires all companies to complete the new “Beneficial owner register” before October 2023. This is as a result of concerns raised by the Financial Action Task Force with regard to the companies failings in terms of money laundering and financial crime. To date, the CIPC had no record […]