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 […]
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 […]
Is It Possible to Override a Registered Antenuptial Contract with a Postnuptial Agreement?
Before the Matrimonial Property Act 88 of 1984 (MPA)(1) was introduced, matrimonial property law in South Africa was governed by the immutability principle. This principle dictated that the property regime chosen by a couple at the time of their marriage could not be altered afterwards. The case of Honey v Honey in 1992 (93 SA […]
Can a Creditor Sell the Home of a Debtor to Recover Outstanding Debt?
Most South Africans today, are overburdened and overwhelmed with debt and are struggling to repay creditors. According to recent statistics, a third of people in South Africa with credit are struggling to repay their debts. This means, there are approximately 10 million people who are three months or more behind on debt repayments. This article […]