Feature Articles

Clarifying the term pension fund in the Divorce Act and the Pension Fund Act

On 3 December 2019 the Supreme Court of Appeal (SCA) delivered a judgment in the case of Nailana v Nailana (SCA) (unreported case no 714/2018, 3-12-219) (Swain JA (Petse DP, […]

Read more

Government’s response to COVID-19: Has the Bill of Rights been given effect to?

Under the heading ‘The virus does not discriminate; but its impacts do’, the United Nations policy brief on ‘COVID-19 and Human Rights’ states: ‘Responses need to be inclusive, equitable and […]

Read more

Should sex workers be classified as essential workers?

COVID-19, an infectious disease broke out in the Hubei province of China spreading across the globe. The spread of this ongoing pandemic has been rapid and consequently many countries have […]

Read more

The impact of COVID-19 on the property sector – how does it influence property values and possible litigation?

The COVID-19 pandemic has had a major impact on the international population and economic markets. South Africa (SA) has not yet been ruled out and it is expected that this […]

Read more

Three principal ways COVID-19 will affect South African jurisprudence in bail proceedings

The current COVID-19 pandemic is having profound implications on the criminal justice system. Chief Justice Mogoeng Mogoeng issued directives in terms of s 8(3)(b) of the Superior Courts Act 10 […]

Read more

Faith in the time of lockdown: A Constitutional right to freedom of religion

In terms of s 15(1) of the Constitution ‘[e]veryone has the right to freedom of conscience, religion, thought, belief and opinion’ and in s 31(1) it provides that ‘[p]ersons belonging […]

Read more

Remote commissioning of affidavits: Who can commission them and how is it done?

South Africa’s (SA’s) legal system depends significantly on evidence being supplied by affidavits. Deponents are, however, not always based in SA and may be unable to attend to commissioning through […]

Read more

Interpreting contracts: Determining if COVID-19 is covered by force majeure

In this month’s issue, De Rebus features two articles pertaining to COVID-19 and the force majeure clause in contracts, including the interpretation thereof. COVID-19, a viral pathogen, has swept through […]

Read more

Does the non-registration of customary marriage affect its validity?

The Recognition of Customary Marriages Act 120 of 1998 (the Act) brought about fundamental changes to the legal position of a customary marriage in South African law. The Act ensured […]

Read more

Rethinking guarantees and suretyship in lending agreements

The Land and Agricultural Development Bank of South Africa (Land Bank) is a government owned development finance institution tasked with, among others, the facilitation and support of equitable ownership of […]

Read more