Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944.
Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of the Magistrates Court Act reads as follows: “45. Jurisdiction by consent of parties.(1) Subject to the provisions of section 46, […]
Maintenance and children not born from a marriage
First things first, the woman claiming child support for a child born out of wedlock must prove paternity. In Sager v Bezuidenhout it is clear that both parents must contribute to the minor child’s needs and expenses. These expenses include any reasonable expenses that are considered in the best interest of the child, whether it […]
Precautionary suspension of an employee- what are the requirements?
The purpose of a precautionary suspension of an Employee is mainly to mitigate further risk to an Employer in instances where disciplinary action is contemplated. The circumstances warranting such a suspension differ from case to case. Reasons for a suspension can include that the Employee may jeopardise an investigation; endanger the wellbeing or safety of […]
I can no longer afford to pay maintenance, what should I do?
Substitution or Discharge of a Maintenance Order The Maintenance Act confers on Maintenance Courts the power to vary or discharge maintenance orders including maintenance orders made by the High Court. Spousal Maintenance In terms of section 8 of the Divorce Act, a maintenance order may be rescinded, varied or suspended if there exists ‘sufficient reason’ […]
Dream holiday or nightmare! An overview of the Property Time-Sharing Control Act
This article broadly looks at property time-share and the legislation regulating it. The problems and complaints by consumers trapped in the empty and misleading promises advertised to them by the time-share industry are also addressed. In part one, the article gives a broad outline of what the Property Time-Sharing Control Act entails and specific definitions […]
The effect of past transactions on the sale of a business
The sale of a business is often a complex venture and requires consideration of various facts in examining the financial reality behind the sale. From the outset, it is important to consider historical transactions and how they may have a detrimental impact on the current sale being considered. For purposes of this article, several factors […]
Lost your original title deed?
What do you do?
Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]
Think before you sign: 5 things to consider before signing a contract
The simple definition of a contract is where an offer by one party is accepted by the other party. These parties are the contracting parties. There will be no agreement between the parties if there is a counteroffer to an offer. However, if a counteroffer is accepted, there is an agreement or consensus between the […]
Antenuptial contracts are an important investment
Nearly 24 000 divorce forms were submitted in 2019 and divorce rates decreased year-on-year since 2017, Stats SA revealed in its latest report on marriages and divorces released in 2021. The numbers further illustrate a decrease in marriages, with the age of those getting married for the first time increasing. South Africa’s divorce rate is […]
Why co-executors of a will can’t act independently
A mother and an adult child were appointed as the co-executors of their late husband/father’s estate. One co-executor, who wanted to sell their family home, signed a sale agreement without the consent of the other. However, the sale agreement of their family home will not be valid. Where an immovable property has been acquired by […]