Understanding Bail in South Africa: A Guide to the Criminal Procedure Act
Bail is an integral part of the South African justice system, allowing individuals accused of crimes to remain free while awaiting trial, provided they do not pose a risk to society or the judicial process. Governed by the Criminal Procedure Act, 51 of 1977, the bail process is complex, with various factors influencing the decision […]
Unlawful Arrests and Your Rights
In South Africa, the process of making arrests is governed by the Criminal Procedure Act 51 of 1977 as amended (CPA), which outlines the legal framework for law enforcement officials when apprehending individuals suspected of committing crimes. This legislation ensures that arrests are carried out in a manner that upholds the rights of the accused, […]
Registered Antenuptial Contracts vs Agreements Between Spouses
The term ‘antenuptial contract’ can refer to either an informal contract or a contract complying with the formalities required by s 87 of the Deeds Registries Act 47 of 1937. The public is not always aware of the fact that a verbal or written contract can be binding inter partes (between the parties) because an […]
Considering the CCMA? Here Is What You Need to Know
A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes can prevent the public from taking advantage of the commission’s accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating […]
Can Maintenance Be Claimed on Behalf of Adult Dependent Children?
In a recent judgment by the Supreme Court of Appeal, the case of Z v Z examined whether a parent has the legal standing to claim maintenance for adult dependent children from the other parent. This ruling emphasises the responsibilities of parents even after their marriage has ended. The court relied on Section 6 of […]
Notice of office relocation and updated business address
We like to advise you that CMM Attorneys Inc. are relocating to a new office. This decision comes as part of our continuous efforts to improve our facilities and streamline our business operations. We deeply value the collaboration we have established over the years, and we want to ensure that this relocation does not disrupt […]
Mediation v Arbitration: What Is the Difference? PART 2
As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full […]
Claiming Ownership Through Acquisitive Prescription
One way to acquire property in South Africa is through acquisitive prescription. This method does not rely on the transfer of rights from a predecessor in title; instead, it acknowledges specific factual criteria that, when met, grant legal rights and title to ownership. This article will outline the requirements necessary for successfully claiming ownership through […]
The Costs of Deceased Estates Explained
An important function of an executor, the person who is appointed by the Master of the High Court to administer a deceased estate, is to account for the liabilities in the estate of the deceased. Keep in mind that only once the liabilities in the estate have been discharged can the heirs receive their inheritances. […]
Understanding Subpoenas: A Focus on Magistrates’ Courts – Part 2
People who have not studied law or have no prior knowledge of the law may be confused and uncertain when served with a legal document called a “subpoena” which states that they should attend and give evidence at a trial or that they should produce a document or thing. In this article, we will discuss […]