Harmful Traditional Practices: A look at the customary law practice of “Ukuthwala” and the law in South Africa

The Concept of “Ukuthwala” The South African customary practice “Ukuthwala” has become a serious issue amongst South Africans due to its deviation from its original concept. Its deviation has become a concern not only amongst the Nguni communities but in South Africa as a whole. The way it has affected South Africans, one could wonder … Continue reading Harmful Traditional Practices: A look at the customary law practice of “Ukuthwala” and the law in South Africa

Validity Of Contract Cancellation Via E-Mail

A longstanding standard in the drafting of contracts, the so called “non-variation clause”, came under scrutiny in light of the provisions of the Electronic Communications and Transactions Act 25 of 2002 (hereinafter “the Act”). The gist of the dispute at hand was whether the agreed terms of non-variation, in particular requiring the signatures of both … Continue reading Validity Of Contract Cancellation Via E-Mail

Providing for your virtual assets in your digital estate after your death

It’s the year 2015 and the majority of our world today live digitally through online social media platforms, gaming environments, websites, chat rooms, shopping sites and more. The growth of our digital world however gives rise to new legal questions relating to your digital ‘assets’. Digital assets include all your online accounts and hard storage … Continue reading Providing for your virtual assets in your digital estate after your death

Requirements for confirming Surrogacy Motherhood Agreements (SMA) in court

Surrogacy can be defined as an arrangement in which a woman carries and delivers a child for another couple of person. For many couples or persons who cannot conceive or deliver a child of their own, surrogacy is their last resort to have offspring genetically linked to them. Until the enactment of the Children’s Act … Continue reading Requirements for confirming Surrogacy Motherhood Agreements (SMA) in court

Have Fixed Term Contracts Been Renewed To An Indefinite Period By The Inclusion Of Section 198b To The Labour Relations Act?

On the 15th of January 2015 the Labour Relations Amendment Act came into operation, which gave rise to the infamous Section 198B. Dreadful in the eyes of employers and welcomed by employees, Section 198B is here to stay as it in essence gives effect to the legislator’s intentions. Fixed term contracts have formed part of … Continue reading Have Fixed Term Contracts Been Renewed To An Indefinite Period By The Inclusion Of Section 198b To The Labour Relations Act?