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
The broker is usually the “agent” of the insured, in the principle sense, and it is within this relationship that most claims arise against the broker. The broker does not usually have the duty to give a meticulous interpretation of each and every clause of the insurance contract to the insured, but if he or … Continue reading Duties and Potential Liabilities of Insurance Broker’s
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
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
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
Many people take it upon themselves to draft their own will and although there is nothing wrong with it, the risk exist that they then fail to comply with the formalities prescribed by the Wills Act 7 of 1953, which could in return render the will invalid and result in the estate being administered in … Continue reading How to draft a legally valid and enforceable will
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?