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Warning to a parent that refuses to pay maintenance.

By Sasha Kadish. In a recent case ENM v LTM [2023] ZANWHC 34 at [35]-[74], a divorcing couple who were married in community of property

April 14, 2023

When can an employer ask pension fund administrators to withhold an employee’s pension benefits?

Section 37D(1)(b)(ii) of the Pension Funds Act (PFA) provides that a retirement fund may deduct any amount due by a member to their employer for

April 11, 2023

What is a testamentary trust?

A testamentary trust is a type of trust that is created under the terms of a person’s will and comes into effect after the person’s

April 11, 2023

The roles and responsibilities of a curator

The roles and responsibilities of a curator appointed by the Master of the High Court in respect of a mentally ill patient. In South Africa,

April 6, 2023

Can the trustees of a pension fund ignore the wishes of a member as recorded in the member’s nomination form?

The court dealt with this question in Ndwandwe v Trustees of Transnet Retirement Fund and Others [2023] ZAKZDHC 8 (22 February 2023) The conclusion was that

April 3, 2023

Can the court appoint a second guardian for a child without removing the existing guardian?

By Sasha Kadish Answer: Yes, according to the judgment of R.C v H.S.C (A5033/22) [2023] ZAGPJHC 219 (14 March 2023). In this case, the Court

March 27, 2023

What is the effect of a restraint of trade clause when a business is sold?

A client asked if she is bound by the restraint of trade undertaking contained in her employment contract when her employer sold the business as

March 23, 2023

Superannuation – can a court dismiss a civil action or application for an inordinate delay in prosecuting the matter?

Section 34 of the Constitution provides that everyone has the right to have any dispute that the application of law can resolve, decided in a

March 23, 2023

Product liability – sue under the common law or CPA?

Written by Dr Sarah-lynn Tennant. This is a summary of an article written by Dr Tennant. Interested readers can view her detailed analysis here. Defective

March 23, 2023

The test for foreseeability of harm

Editor’s note: the Plaintiff in this matter chose to sue in terms of common law (also termed as product liability ex delicto). The injured plaintiff

March 23, 2023

BLOG

Warning to a parent that refuses to pay maintenance.

When can an employer ask pension fund administrators to withhold an employee’s pension benefits?

What is a testamentary trust?

The roles and responsibilities of a curator

Can the trustees of a pension fund ignore the wishes of a member as recorded in the member’s nomination form?

Can the court appoint a second guardian for a child without removing the existing guardian?

What is the effect of a restraint of trade clause when a business is sold?

Superannuation – can a court dismiss a civil action or application for an inordinate delay in prosecuting the matter?

Product liability – sue under the common law or CPA?

The test for foreseeability of harm

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