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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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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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