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Grandparents and child maintenance – is there a duty?
This obligation to support and maintain a child is a shared one between parents and arises out of the common law duty to support apropos or relative to one’s respective means. The obligation was legislatively incorporated into Section 13(3)(a) of the Maintenance Act...
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The impact of the Rental Housing Amendment Act on landlords and tenants
Once the Rental Housing Amendment Act 35 of 2014 has been signed into law, landlords and tenants will have six months to comply with the new legislation. What does the new Act stipulate? The Rental Housing Amendment Act regulates the relationship between a tenant and...
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The Hague Convention of the Civil Aspects of International Child Abduction
The Hague Convention of the Civil Aspects of International Child Abduction is an international treaty aimed at preventing the removal of a child from the jurisdiction in which he/she ordinarily resides by a parent or guardian who has removed the child without the...
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The importance of having a proper shareholders agreement
One of the best ways for shareholders to protect their interests is to enter into a shareholders agreement. Such an agreement sets out the rights and obligations of each shareholder in detail. These agreements also include information and guidelines regarding the...
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Visa overstay, being labelled an undesirable person and banned from South Africa
Prior to the 2014 Immigration Regulations, foreign nationals in South Africa that overstayed their visit in the country were sanctioned with a fine upon their departure. However since the amendment was affected in 2014, the Department of Home Affairs has implemented a...
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Life after divorce – have you updated your Will and policies?
Divorce is traumatic and life-changing. In its aftermath, an important consideration is your plans for the future relating to your Will and Estate, along with any policies you may have in place. Amending your Will post-divorce According to Section 2B of the Wills Act,...
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Joint decision making by parents in respect of a minor
In the last few decades we have seen rising divorce rates and an increase in children growing up in two separate households, leaving parents bewildered and uncertain. Care and contact under the Children’s Act In terms of the amended Children’s Act 38 of 2005 (the Act)...
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Latent defects: when is the Consumer Protection Act applicable?
When purchasing a product, consumers have fundamental rights that are protected by the Consumer Protection Act 68 of 2008. What is a defect? A ‘defect’ is a material imperfection in a product that causes the product to be less acceptable, or not useful at all, for the...
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Reinstatement: A remedy for unfair dismissal and unfair labour practices
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices. Court decisions define reinstatement In terms of the Labour Relations Act, there is no set definition for reinstatement therefore it is important to consider court decisions...
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Specific forms of misconduct in the workplace and the necessity for a disciplinary code
Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice. Employers should have a Disciplinary Code Schedule 8...
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