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What does it mean to be sequestrated?
An individual can declare themselves insolvent, or bankrupt, and file for sequestration if their debt has become too great and unmanageable and their liabilities exceed his or her assets. Sequestration is defined as the surrender of an individual’s estate to the High...
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Defamation and social media
In 2017, Abrahams and Gross published an article relating to defamation and the right to recourse, which can be accessed here: http://www.abgross.co.za/defamation-and-right-to-recourse/ This article serves to supplement the theoretical legal framework for recourse for...
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My death, my decision: the Living Will
What is a Living Will? A Living Will is a declaration which is signed during your lifetime when you are in a competent physical and mental condition. It ensures that, should there be no reasonable chance of your recovery and you do not wish to be kept alive by...
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Antenuptial contracts and their impact on joint businesses in marriage
An antenuptial contract or ANC means that you are married out of community of property. The most common reason why people elect to marry with this marital regime is to protect their assets and financial position prior to and during the marriage. Protection is offered...
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Termination of fixed-term employment contracts could still amount to unfair dismissal
Employers should take note that failing to renew a contract of employment, even when the contract period has been fulfilled, can still constitute a dismissal in terms of the Labour Relations Act (LRA). Definition of a dismissal in terms of the Labour Relations Act...
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On a need to know basis: what is an employer entitled to know at interview stage?
It goes without saying that employers need to be able to trust their employees. Trust is the cornerstone of any relationship, and an employment relationship is no exception. Employees and employers have very specific rights in terms of common law, as well as...
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Monitoring communications in the workplace
The Regulation of Interception of Communication and Provision of Communication-Related Information Act, 70 of 2002 (RICA) has become more commonly associated with cell phone sim card registrations. It is a generally unknown fact that RICA deals extensively with, in...
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How does a company get wound up?
A frequently asked question relating to Insolvency Law is how does a company get wound up? A company, like an individual, trust or partnership, can be wound up voluntarily or compulsorily. Voluntary winding up: A company or close corporation can wind itself up...
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The body corporate, unpaid levies, sequestration and the rights of creditors
In 2017, the Body Corporate of Empire Gardens put an application before the Court for a compulsory sequestration of an owner in order to recover unpaid levies. The question put before the Court in the case of Body Corporate of Empire Gardens v Sithole and Another 2017...
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Relocation and obtaining consent to travel with your child
Whether a parent is married, separated or divorced, they have parental rights and responsibilities towards their child. Often, when a parent travels or relocates permanently, they want to take their child with them but need to ensure they are within the law when they...
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