Why have a Will and a Family Trust?
This month, I thought I would devote my newsletter to Wills and trusts. The beginning of the year is a good time to consider
February 10, 2022
Explore Legal Articles
Can an employer dismiss an employee for refusing to get vaccinated?
by Sharusha Moodley CCMA AWARD: DISMISSAL FOR REFUSING TO GET VACCINATED IS FAIR The CCMA, on 21 January 2022, published the first award relating to
January 27, 2022
Can an Employer exercise discipline over an employee for off-duty misconduct?
By Sharusha Moodley It may happen that an employee’s misconduct does not fall within the express terms of an employer’s disciplinary code. E.g., the misconduct complained
January 26, 2022
When is spoliation not unlawful?
The mandament van spolie (spoliation) is available only in cases where the deprivation of possession is illicit. In McGregor v Selborne Park Body Corporate and Others (AR224/2020)
January 11, 2022
The recent Bwanya case
Editor’s note: The Constitutional Court held that the exclusion of opposite-sex life partners from inheriting under the Intestate Succession Act and claiming maintenance under the
January 11, 2022
Enforceability of a prenuptial executory donation
DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP) Marriage — Divorce — Proprietary consequences — Marriage out of community of property —
December 12, 2021
Hindu Marriages in South Africa
By Sasha Goldstein Hindu law in South Africa is similar to that of Muslim and Jewish law. All these legal systems are currently unrecognised, and
December 3, 2021
Inheritance and Wills
Source: A simple guide to South African Family Law by Nthabiseng Monareng Introduction One of the most important things that a person needs to think
December 1, 2021
When a buyer can claim damages for a leaking roof
A client asked: I recently bought a house and on taking occupation I noticed that there was a bad leak in the roof that the
November 29, 2021
More about legal costs
A client asked, “If I win my case will I get back all the fees I paid you?” Types of legal costs There are three
November 19, 2021
What is a usufruct?
The English word usufruct derives from the Latin roots usus and fructus, from verbs meaning to possess and to have the benefit of, respectively. A
November 18, 2021
Enforceability of a prenuptial executory donation
DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP) Marriage — Divorce — Proprietary consequences — Marriage out of community of property —
November 17, 2021