March 2023

Forfeiture in divorce

It is a requirement in divorce proceedings that the party instituting the divorce action should attribute reasons for the irretrievable breakdown of the marriage. Adultery and infidelity are common grounds […]

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The antenuptial contract – incorporating or excluding accrual resulting in s 7(3) of the Divorce Act being applicable

I found it disheartening and unjust that my female clients married by antenuptial contract out of community of property involved in a divorce action had no proprietary claim against the […]

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The importance of protecting the Judicial Service Commission from interference

The Republic of South Africa (SA) is a country that has been through a lot of strain and impediments, and this has left some sort of trauma on the whole […]

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Should general damages form part of the joint estate at the dissolution of marriage in community of property?

Section 18(a) of the Matrimonial Property Act 88 of 1984 (the Act), expressly excludes non-patrimonial damages suffered by a spouse during the marriage from forming part of the joint estate. […]

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The Law Reports – March 2023

January 2023 (1) South African Law Reports (pp 1 – 320); January 2023 (1) South African Criminal Law Reports (pp 1 – 111) This column discusses judgments as and when […]

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When an order is looked at in the light of the Superior Court Act, there is no ambiguity, error or omission

Minister of Finance v Sakeliga NPC (Previously Afribusiness NPC) and Others 2022 (4) SA 401 (CC) In the case of Sakeliga, the Constitutional Court (CC) dismissed the application with costs. […]

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Be wary when calling up a construction guarantee

Millenium Aluminium and Glass Services CC and Others v Group Five Construction (Pty) Ltd and Another (SCA) (unreported case no 693/2021, 14-12-2022) (Zondi JA (Mothle JA and Nhlangulela, Salie-Hlophe and […]

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‘Gotta be the solution to this pollution’ – a rather precarious balancing exercise

Mukuru Financial Services (Pty) Ltd and Another v Department of Employment and Labour (2022) 43 ILJ 1171 (WCC) South Africa (SA) is highly regarded for its ‘commitment to upholding human […]

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New legislation – March 2023

Legislation published from 28 December 2022 – 27 January 2023 By Shanay Sewbalas and Johara Ally   Acts Children’s Amendment Act 17 of 2022 Date of commencement: 5 January 2023. […]

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Employment law update – Can abandoned disciplinary action amount to an unfair labour practice?

In Department of International Relations and Cooperation v Laubscher and Others [2023] 1 BLLR 1 (LAC), the employee was served with a notice to attend a disciplinary hearing for misconduct […]

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