Feature Articles

Should retirement funds be named or identified in divorce orders?

In practice, non-member spouses whose marriages are either in community of property or out of community of property with the application for the accrual system, continue to be frustrated by […]

Read more

Do trust account advocates need a mind shift to deal with FICA?

Generally, legal practitioners operate within a given set of specified rules and procedures. With these, come certainty. Thus, the preference for legislation to be captured in writing, as well as […]

Read more

Jurisdiction of the Labour Court – the conundrum continues

On 4 March, the Labour Court (LC) delivered a seminal judgment in the matter between Vodacom (Pty) Ltd and Others v National Association of South African Workers and Another (LC) […]

Read more

Is a creditor precluded from instituting action in common law against a deceased estate?

  The question whether the corollary effect of the claims procedure prescribed by the Administration of Estates Act 66 of 1965 (the Act) is to effectively bar a creditor from […]

Read more

Cerebral palsy and delictual compensation – is there a need for a register?

By Sarel Steel, Andre Stephan Botha and Tashvir Khalawan The quantification of damages in certain legal matters involves calculating the capitalised value, or expected present value, of a list of […]

Read more

Companies Act provides relief for prejudiced minority shareholders

              It is not uncommon for many shareholders to find themselves in an undesirable position. Shareholders may wish to dispose of their shares for […]

Read more

Donations tax – a summary of calculations

            Donations tax is payable on the total value of property disposed of, whether directly or indirectly, by a resident by means of a donation. […]

Read more

A European perspective on modern day piracy – copyright, hyperlinks and the Internet

          The Berne Convention for the Protection of Literary and Artistic Works, 1886 (the Berne Convention) is the principal international treaty governing copyright. In the European […]

Read more

Should disability grants be deducted from loss of earnings claims against the RAF?

South African courts have dealt with the question of whether disability grants should be deducted from loss of earnings claims against the Road Accident Fund (RAF) on three occasions. On […]

Read more

You have been served: An update on service of referrals to the CCMA on foreign defendants

In December 2017, De Rebus published an article on the service of legal process on foreign states and intergovernmental organisations (see Riaan de Jager ‘Diplomatic law: Service of process on […]

Read more