Practice Notes

The validity of a verbal antenuptial contract

By Magdaleen de Klerk Very few people, even legally qualified ones, are aware of the fact that a verbal (non-registered) antenuptial contract can be binding inter partes because the term […]

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Retirement funding – obligations on the employer

By Andrew Stansfield The Pension Funds Act 24 of 1956 (the Act) imposes a clear obligation on employers to pay over retirement contributions timeously, which in the absence of strict […]

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The Special Voluntary Disclosure Programme: Recent developments

By Robert Gad and Alexa Muller During February National Treasury announced a Special Voluntary Disclosure Programme (the SVDP), which is to apply for a limited window period from 1 October […]

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CPR for companies failing to convene an annual general meeting: The Companies Tribunal

By Siyabonga Vusi Ntshangase The Companies Tribunal (the Tribunal) is established in terms of s 193 of the Companies Act 71 of 2008 (the Act) and has been in operation […]

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Protection offered by s 129 of the National Credit Act

By David Mohale In the recent Constitutional Court judgment of Nkata v FirstRand Bank Limited and Others (The Socio-Economic Rights Institute of South Africa as Amicus Curiae) (CC) (unreported case […]

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The sins of the fathers: Termination of supply and execution against immovable property for a prior owner’s debt

By Chantelle Gladwin and Sean Piveteau This article deals with instances when a municipality is entitled to disconnect and/or refuse to reconnect the supply of services to purchasers of properties […]

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Step-by-step guide to residential housing eviction proceedings in the magistrate’s court

By Tamara Klos In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from […]

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Biotech inventions – the impact in South Africa of recent case law in other jurisdictions

By Chyreene Truluck and Waheed Mahomed The decision of the United States (US) Supreme Court in Association for Molecular Pathology, et al. v Myriad Genetics, Inc., et al 569 U.S. […]

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Claims based on universal partnerships in divorce matters

By Magdaleen de Klerk Claims based on tacit universal partnerships are frequently encountered in divorce litigation, where the spouses were married to each other out of community of property with […]

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Understanding certain provisions of the Domestic Violence Act: A practitioner’s perspective

By Siyabonga Sibisi The Domestic Violence Act 116 of 1998 (the Act) was regarded as a step in the right direction towards acknowledging that violence against the vulnerable, especially women […]

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