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Can I evict my spouse from the matrimonial home?
The home that a couple lives in during their marriage is called the matrimonial or family home. Sometimes, when couples separate or are getting divorced, one party wants the other spouse to move out. May one spouse evict another from the home? The short answer is no....
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Divorce in customary marriages
Customary vs Civil Law marriage A customary marriage is defined as two people who are married according to a custom as opposed to the laws of a country. Civil marriage is when two people are married in terms of South African law. Validity of a customary marriage...
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Expungement of a criminal record
Currently there is a high level of unemployment in South Africa and people are finding it increasingly difficult to procure employment, especially if they have a criminal record, which is usually a deterrent for a potential employer. Of course criminal records exist...
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Consent to travel with your child: what happens when it is withheld?
South African Immigration Regulations state that a parent travelling with a minor child must produce the child’s unabridged birth certificate (or adoption certificate in respect of adopted children), as well as an affidavit granting consent from the other parent...
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Is your Will valid?
Two things in life are certain – death and taxes. When we die, we have one last chance to do what we want with our belongings (our Estate), but only if a valid Will is in place. Let’s look at the requirements of a valid Will and other related aspects like competency,...
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Unlawful deductions from an employee’s salary
According to section 34(1) of the Basic Conditions of Employment Act (BCEA), an employer is not allowed to make deductions from an employee’s remuneration/salary without fulfilling specific criteria. Salary deduction requirements In order to make any salary...
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Can foreigners own property in South Africa?
Foreigners may purchase and own immovable property in South Africa without any restrictions, as foreigners are generally subject to the same laws as South African nationals. The only foreigners disqualified from owning property in South Africa are foreigners that are...
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Private estates: defaulting owners treated like day visitors
In the case of Singh and Another v Mount Edgecombe Country Club Estate Management Association 2016 (5) SA 134 (KZD), the court was asked to decide on an issue which frequently presents itself in private estates, also known as gated communities. The facts The daughter...
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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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