Section 14 of the Children Act 38 of 2005 recognises the right of children to be assisted in vindicating their rights in court and this right is also entrenched by section 28 of the Constitution of South Africa. Generally it is accepted that the biological parents or guardians of the of the child will assist … Continue reading When does it become a necessity to appoint curator ad litem to protect the interests of children in actions brought against the Road Accident Fund?

Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31 This article highlights important points taken from the above mentioned case. The Constitutional court decision laid to rest the question as to whether historical municipal debt is permitted to be extended and transferred to a new owner who purchases the property. … Continue reading Your debts – not mine! Victory for new property owners

Risk-only life policies with a beneficiary clause, the proceeds thereof do not form part of the deceased’s estate, neither the joint estate even if the deceased was married in community of property. Upon death, the question of which property formed part of the deceased’s estate during his life time is inevitable, so does the question … Continue reading Risk-only life policies with a beneficiary clause

On the menu Material Transfer Agreements Presented by Dr Marietjie Botes On 20 July 2018 SA’s first official MTA was published in Government Gazette no.41781 Biological materials previous used exclusively for research purposes – now seen as having direct commercial value MTA’s evolved into hybrid form, including complexities of IP licence agreements Concern that public … Continue reading Learn while refueling during your lunch hour!

Losing a spouse is hard enough, having to find out that you are not recognised as a “surviving spouse” in terms of the South African law and cannot inherit from your late husband adds to the grieve and despair.  For Muslim women in South Africa this was their reality for far too long, until the … Continue reading Muslim women in polygamous Muslim marriages’ right to their deceased husband’s estate – with reference to the constitutional judgement of Moosa no and others v minister of justice and correctional services and others (cc)

Have you, as a Landlord, ever been the victim of a tenant refusing to vacate your premises at the end of a lease agreement or at the date of termination thereof as a result of the default of a tenant? This is a situation wherein no Landlord wants to be in since it will result … Continue reading LANDLORDS, TENANTS AND THE DREADFUL EVICTION PROCEDURES

With regard to Antony Louis Mostert & three others v Simon John Nash & seven others Introduction: In today’s society there is a plethora of ways that people can make their voices heard, be it through media, social media, blogs, articles or the good old grapevine. But have you ever stopped and wondered how free … Continue reading Defamation vs Freedom of Expression – Where do we draw the line?

Employers should seriously consider taking legal advice before making a decision to dismiss employees partaking in an unprotected strike, which could lead to substantial financial consequences for the employer. In a reported Labour Court judgment delivered on 20 February 2014, National Union of Metalworkers & Another v Lectropower (Pty) Ltd (case number JS119/13), the Court … Continue reading EMPLOYERS BEWARE! DISMISSAL OF WORKERS PARTAKING IN AN UNPROTECTED STRIKE MIGHT BE UNFAIR DISMISSAL.

Section 12 (3) of the Prescription Act 68 of 1969 provides that “a debt shall not deemed to be due until the creditor has knowledge of the identity of the debtor and of the facts from which the debt arises, provided that a creditor shall be deemed to have such knowledge if he could have … Continue reading WHAT CONSTITUTES DEEMED KNOWLEDGE IN TERMS OF SECTION 1 (3) OF THE PRESCRIPTION ACT, WITH REFERENCE TO THE CASE OF LONI V MEC FOR DEPARTMENT OF HEALTH EASTERN CAPE, 2018 ZACC 2