Kan ‘n minderjarige kind besluit by watter ouer hy/sy wil bly ten tyde van ‘n egskeidingsdispuut?
Kan ‘n minderjarige kind besluit by watter ouer hy/sy wil bly ten tyde van ‘n egskeidingsdispuut? Die kort antwoord is: “Nee.” Die Kinderwet, Wet 38 van 2005, maak wel voorsiening daarvoor dat ‘n minderjarige kind se stem gehoor moet word ten tyde van ‘n kontak- en toegangsdispuut. Artikel 10 van die Kinderwet bepaal as volg: “Every […]
THE CASE OF JOSLIN SMITH & HUMAN TRAFFICKING IN SOUTH AFRICA: A BRIEF COMMENTARY
The United Nations defines human trafficking as the transfer, transportation, harboring, recruitment, or receipt of people through deception, fraud, or force and to exploit them for profit. In South Africa, The Prevention and Combating of Trafficking Persons Act 7 of 2013 is the primary piece of legislation directly dealing with this form of organized crime […]
VIOLATIONS OF THE POPIA ACT
VIOLATIONS OF THE POPIA ACTIn the digital age, where personal information is a valuable commodity, safeguarding privacy has become paramount. South Africa recognised this need by enacting the Protection of Personal Information Act (POPIA) in 2013, with enforcement beginning in July 2021. POPIA aims to regulate the processing of personal information, ensuring that individuals’ privacy […]
A LANDLORD’S RESPONSIBILITIES DURING LOAD-SHEDDING
While 2023 was the worst year of load-shedding ever experienced in South Africa the forecast for 2024 is even worse. A consequence is that questions have arisen regarding the responsibilities of a landlord during load-shedding and we have had several queries from desperate tenants and landlords trying to ascertain their respective rights and responsibilities. There […]
June and December months are usually the busiest in family law practices due to parents fighting about the minor children’s holiday contact arrangements. I often tell my colleagues that I turn into Solomon in June and December, unfortunately having to divide the children in half.
June and December months are usually the busiest in family law practices due to parents fighting about the minor children’s holiday contact arrangements. I often tell my colleagues that I turn into Solomon in June and December, unfortunately having to divide the children in half. Holiday contact arrangements are usually regulated by Mediation Agreements, Rule […]
WHAT ARE SERVITUDES AND HOW DO THEY WORK?
Writer of Roman Dutch Law, Johannes Voet, defined a servitude as follows: “A servitude is a right belonging to one person, in the property of another, entitling the former to exercise some right or benefit in the property or to prohibit the latter from exercising one or other of his normal rights of ownership.” Servitudes […]
Mandatory minimum sentencing legislation was introduced in South Africa, namely The Criminal Law Amendment Act 105 of 1997 (“the Act”), as a tool of deterrence against rising rates of violent crimes on 1 May 1998
Mandatory minimum sentencing and the operation of the so-called “Departure Clause” Introduction Mandatory minimum sentencing legislation was introduced in South Africa, namely The Criminal Law Amendment Act 105 of 1997 (“the Act”), as a tool of deterrence against rising rates of violent crimes on 1 May 1998. Definition: Mandatory Minimum Sentences The concept of mandatory […]
Life is about making decisions. The act of deciding forms an integral part of every individual’s life, and for any individual to be able to make a legal decision, they must have the necessary legal capacity to act
THE DIFFERENT PROCESSES OF APPOINTING A THIRD PARTY ON BEHALF OF PERSONS INCAPABLE OF MANAGING HIS OR HER OWN ESTATE AND LEGAL AFFAIRS Life is about making decisions. The act of deciding forms an integral part of every individual’s life, and for any individual to be able to make a legal decision, they must have […]
So, you finally blew out the candles on that big birthday cake, all 65 of them. Then you start to think “Have I finally reached the retirement age?” Questions start to flood your mind, such as “Should I retire? Must I retire? Do I even have a choice? What if I’m not ready for retirement?”
A Right not to Retire? So, you finally blew out the candles on that big birthday cake, all 65 of them. Then you start to think “Have I finally reached the retirement age?” Questions start to flood your mind, such as “Should I retire? Must I retire? Do I even have a choice? What if […]
Trustees beware of your legal obligations!
It is an unfortunate reality that trustees are often not aware of their responsibilities, and even fewer are aware of the serious penalties for non-compliance. Legislation was passed by Parliament late last year that has serious implications for trustees and requires careful consideration. Legislative Changes The following 2 major changes have been made in respect […]