Feature Articles

Customary marriages: The woman’s right to maintenance and property ownership

The focus on gender equality, in particular the rights of women in South African society, has come under the spotlight to the extent that amendments to current legislation is being […]

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Still waiting for an answer: Physician assisted suicide in South Africa

On 30 April 2015 the Gauteng Division of the High Court in Pretoria handed down the landmark judgment that allowed for a person to be assisted by a qualified medical […]

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The court’s discretionary power to award rehabilitative maintenance

In South Africa (SA), there is no law that mandates that spousal maintenance must be ordered when parties divorce. It should also be noted that neither spouse has a right […]

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Government contracts: When to rely on estoppel

Section 216(1) of the Constitution provides that national legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure control in each sphere of government, by […]

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Running out the clock: When to condone an unreasonable delay

The commentary on 4 Africa Exchange (Pty) Limited v The Financial Sector Conduct Authority and Others (GJ) (unreported case no 17/20474, 28-2-2020) (Molefe J) in this article will focus only […]

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Walking a tightrope: The business rescue practitioner’s challenge of serving competing interests

The legal framework for business rescue was introduced to South African law with the promulgation of the Companies Act 71 of 2008 (the Companies Act) to ‘provide for the efficient […]

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COVID-19: Force majeure and the effect it has on rental contracts

COVID-19 will have far-reaching ramifications for South Africa (SA). In order to ‘flatten the curve’, the President, Cyril Ramaphosa, duly advised by his cabinet, declared a total lockdown in order […]

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Surrogacy and the courts’ criteria for being suitable

Surrogacy agreement confirmation applications have become voluminous. This is often caused by the extensive nature of the clinical psychologist’s report on the suitability of the intended surrogate mother. The reason […]

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Making sense of the demerit points system as a juristic person

It is common for a juristic person (a body recognised by the law as being entitled to rights and duties in the same way as a natural person) to own […]

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Dispute resolution forum: Is your pension fund regulated by the Pension Fund Act?

This article highlights an issue of concern in the South African retirement fund industry regarding the discrimination experienced by members, trustees and other retirement fund stakeholders who are not regulated […]

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