By James D Lekhuleni Section 7(1) of the Divorce Act 70 of 1979 (the Act), provides that a court may incorporate the spouse’s settlement agreement into the divorce order if it is in writing. The court has a discretion to incorporate the terms of a consent paper. It is not compelled to do so. It [...]
By Katherine Butler Both the Domestic Violence Act 116 of 1998 (the Act) and the Protection from Harassment Act 17 of 2011 were enacted in order to protect vulnerable members of society. In addition, the Acts aim to ensure that constitutionally enshrined rights, such as the right to equality, privacy, dignity, freedom and security of [...]
By Jerome Veldsman and Roxanne Ker Section 11(1) of the Matrimonial Property Act 88 of 1984 (the Act) repealed the marital power that included the right of a husband in a marriage in community of property to alienate assets forming part of the joint estate to the prejudice of his wife. Section 14 of the Act [...]
By Amanda Manyame With the dawn of social media and the increased use of digital mediums for communication, a number of unwelcome negativities came along, such as – cyberbullying; cyberstalking; Internet trolling; catfishing; kittenfishing; and just plain old harassment on the Internet. With social media ‘cyber harassment’ was born, a term often used and experienced, [...]
By Kershwyn Bassuday During a recent round table discussion held in London in February, Associate Professor Matteo Winkler of Tax and Law at business school HEC Paris proposed that employers should disclose how much they had paid out to settle sexual harassment claims (Ashleigh Wright ‘Employers should disclose sexual harassment claims, says academic’ www.personneltoday.com, accessed [...]
By Rico van der Merwe and Melandie Buitendag The concept of business rescue was introduced into South African corporate law through the enactment of ch 6 of the Companies Act 71 of 2008 (the Companies Act) and is similar to judicial management contained in the old Companies Act 61 of 1973. Business rescue proceedings are [...]
By Maartens Heynike The practice of attorneys trading as estate agents is nothing new. From times immemorial attorneys have, together with their other services, applied their skills and expertise in the estate agency industry (Incorporated Law Society of the Orange Free State v Kalil and Meltz 1951 (3) SA 645 (O) at 648 F). On 1 [...]
By Zolani Buba The new Companies Act 71 of 2008 (the Companies Act) has introduced a regulatory regime aimed at providing an opportunity for companies struggling financially to obtain a reprieve necessary for possible resuscitation. Literature on the purpose of business rescue and what the regime sets out to achieve has grown tremendously since the [...]
By Madeleine Truter The phrase ‘fair wear and tear excepted’ is commonly used in lease agreements. It is, therefore, essential to understand what the phrase really means. In order to understand the meaning of ‘fair wear and tear’, it is helpful to distinguish ‘fair wear and tear’ from ‘damage to the leased premises’. ‘Fair wear [...]
