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Muslim marriages recognised
This is a judgment of the Constitutional Court, declaring invalid certain provisions of the Marriage and Divorce Acts, and recognising Muslim marriages. On application for
Transfer costs in a deceased estate
A client asked: We own a property that is registered in both my wife’s and my name, meaning we have joint ownership on an equal
POPIA: Time for a Data Protection Health Check
The Protection of Personal Information Act No. 4 of 2013 (“the Act”) came into force on 1 July 2021. The Act governs how companies handle
Applying for a business visa
In terms of section 15 of the Immigration Act, (1) Subject to subsection (1A), a business visa may be issued by the Director-General to a
When is it unconstitutional that a spousal visa becomes invalid if the relationship ends?
EDITOR’S NOTE: the constitutional court made a similar finding in the case of Rayment v Minister of Home Affairs. A spousal visa allows a foreigner
Lent your moveable property to someone but can’t get it back?
By Dean Brainin A client lent a trailer to a friend to use on a camping trip. The friend refuses to return it. What can the
Surrogacy and the best interests of the child standard
By Sasha Kadish Section 295 of the Children’s Act[1] sets out guidelines for a court to consider when confirming a surrogacy agreement. The guidelines[2] all
Electronic signatures and the sale of immovable property
The Electronic Communications and Transactions Act, 25 of 2002 (the ‘Act”) defines an electronic signature as data – “an electronic representation of information in any
Unenforceable Clauses In A Marriage Contract
A client asked if he could include a provision in his antenuptial contract that expressly excludes the right of his intended spouse to claim maintenance
Corporate governance – a summary
By Welcome Gogobo Corporate governance is the system of rules, practices, and processes directed and controlled by an organization or industry. Corporate governance essentially involves
Defamation and character assassination
BECKER V BRITS [2022] ZAWCHC 44 The plaintiff was a very successful farmer who had farmed in his area for over 20 years and was
The consequences of not obeying a court order in respect of contact with minor children
By Sasha Goldstein, attorney at Bregman Moodley Attorneys In a recent judgment, the judge had to make a ruling on an application brought by an