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Exploring the availability of s 7(3) redistribution to spouses in foreign marriages

By Kobus Brits Section 7(3) of the Divorce Act 70 of 1979 states as follows: ‘A court granting a decree of divorce in respect of a marriage out of community […]

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Arrest without a warrant – what requirements must be observed by peace officers?

This article will focus on the s 40(1)(b) of the Criminal Procedure Act 51 of 1977 and the requirements the peace officers must observe, follow, and adhere to for the […]

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Are the proposed Community Schemes Ombud Service Practice Directive orders within the Ombud’s jurisdiction?

On 14 March 2023, the Community Schemes Ombud Service (CSOS) promulgated a draft Practice Directive on s 39(7)(b) of the Community Schemes Ombud Service Act 9 of 2011 (CSOS Act). […]

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Is mediation an option in sexual violence cases?

‘Sexual [assault] cases are similar in power structure to domestic violence or criminal assault matters. In those cases there is more than a simple dispute over money or property. Instead, […]

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Do legal practitioners truly understand the danger of ChatGPT?

Chat Generative Pre-trained Transformer (ChatGPT) is a phenomenon by OpenAI. The chatbot was launched in November 2022 and has over 100 million users with 13 million unique visitors per day. ChatGPT […]

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Alter ego trusts: How do courts determine the concealment of assets through trusts in divorce cases?

This article discusses the approach adopted by South African courts when deciding whether it is legally permissible to consider the value of trust assets when determining the value of the […]

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Enhancing effectiveness: Strengthening protection for domestic violence victims through the Amendment Act

 ‘In 2020, President Cyril Ramaphosa declared [gender-based violence (GBV)] South Africa’s second pandemic and noted that it needed to be taken as seriously as the coronavirus. Already named the “rape […]

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Why the wait? Challenging the constitutionality of the right of appearance requirement

It is an undisputed norm that any law that is inconsistent with the Constitution is invalid (s 2 of the Constitution). This is so because the Constitution is, according to […]

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Gender conundrum regarding s 7(3) of the Divorce Act

I read Alick Costa’s (the author’s) article titled ‘Are women still disadvantaged when it comes to s 7(3)(a) of the Divorce Act?’ (2023) May DR 26, where he responded to […]

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Exploring the necessity for clear guidelines in dealing with destruction of homes in sectional title schemes

By Roger Green There can be no more shattering and calamitous event than for one’s home to collapse or be swept away with the loss of all personal belongings. This […]

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