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How to change your marital regime
Couples sometimes rush into marriage and before they realise it, they are bound by South Africa’s default marital regime which is that of In Community of Property. This means that one joint estate belongs to both spouses in equal undivided shares. Couples can choose...
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Determining compensation for general damages
If you have suffered harm which has resulted in pain and suffering, loss of amenities of life or disability, you could have a claim in general damages. Reaching a fair amount as compensation for general damages is not an easy task. Putting an accurate monetary value...
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Restraint of Trade: what does it mean?
The majority of employment contracts contain a restraint of trade clause. Many people merely consider it a standard clause but it can have serious implications for future employment. The implications can be seen in the recent dispute between Pepkor (formerly Steinhoff...
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Parental child abduction: when a child is taken overseas without consent
Parental child abduction is defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights of another parent or family member.” [Girdner, L....
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What you need to know about rates clearance certificates
When selling your property, it is necessary for the conveyancer to get a rates clearance certificate (RCC) from the relevant local authority before transfer can take place. This document certifies that there are no outstanding rates due on the property on the seller’s...
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Tourists coming to SA will benefit from relaxed travel requirements for children
When planning to travel the world, you envision all the places you will go and the memories you will make. The last thing on your mind is all the red tape involved when crossing borders, especially when travelling with minors. South Africa is no exception to the rest...
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Domestic violence in South Africa
South African law recognises domestic violence as a “serious social evil” that unfortunately has a high incidence within our society. Affecting the most vulnerable members, it is often not reported to the authorities. Regulated by the Domestic Violence Act 116/1998...
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Euthanasia: Legal ambivalence
The taboo topic of euthanasia is back in the media as Sean Davison, the founder of Dignity SA, has been arrested related to the suicide of his quadriplegic friend, Dr Anrich Burger, in a Cape Town hotel room in 2013. The state is charging Davison with the planned and...
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Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
On 18 September 2018, the highest court in the country ruled that the personal use of cannabis is not a criminal offence. The unanimous decision of the court ruled that the ban on private possession and consumption, and cultivation of the plant for own use, is...
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Pros and cons of buying property through a legal entity
Individuals often purchase immovable property in their personal capacity or in the name of a trust. It is however possible to purchase immovable property in the name of a legal entity, such as a closed corporation or a private company, as well. When purchasing...
read moreFOUNDED 1935: A LIFETIME OF LEGAL EXCELLENCE