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High Value Goods Dealers now accountable under FICA
Schedules 1 and 3 of the Financial Intelligence Centre Act 38 of 2001 (“FICA”) were amended during December 2022 to include High Value Goods Dealers in the definition of ‘accountable institutions’. A transition period for the amendments was granted for 18 months,...
Understanding suretyship agreements in South Africa: Legal requirements and their importance
Suretyship agreements are pivotal in the financial and legal sectors of South Africa, providing security guarantees through a third party, the surety, who agrees to meet the obligations of a debtor if needed. Legal basis and requirements of suretyship agreements In...
The power of shareholders to remove directors in South Africa: Legal framework and processes
In South Africa, the Companies Act of 2008 sets out the legal framework that enables shareholders to remove directors from a company's board. This mechanism is vital for maintaining accountability and ensuring that the directors align with the strategic objectives and...
Optimising director strategies during provisional liquidation in South Africa
When a South African company faces provisional liquidation, it's a pivotal moment filled with challenges yet also, ripe with strategic opportunities. This phase is crucial, not just for the survival of the company but also for directors to navigate legal complexities...
New divorce law comes into effect for Muslim marriages
The Divorce Amendment Bill has been signed into law, bringing changes to Muslim divorces in South Africa. Divorce Act was unconstitutional The amendment to the Divorce Act of 1979 follows a ruling by the Constitutional Court in the case of Women’s Legal Centre Trust v...
Hague Abduction Applications: Seeking the return of children wrongfully removed or retained
The Hague Abduction Convention on the Civil Aspects of International Child Abduction of 1 December 1983 (“Hague Abduction Convention”) is a multilateral treaty that makes provision for the expeditious return of a child. This is applicable to those children who were...
Relocating with a minor child: Is consent required for moving to another country?
Are you divorced or newly separated from your partner and wish to get a fresh start elsewhere? It might be complicated with a minor child in the equation, but here’s all you need to know regarding relocating with a minor child. What does the Children's Act say? With...
Caring for your pet after your passing
It goes without saying that our pets are part of the family. As such, just as one would make provision for the wellbeing of their surviving human family members, it is imperative that one’s pet’s wellbeing is also considered. According to The Emma Animal Rescue...
City of Cape Town small-scale embedded generation (SSEG) requirements
In these periodically dark times of load shedding, citizens find themselves seeking alternative measures of power generation which has led to a rise in purchases of small-scale embedded generation (SSEG) systems such as solar installations and on-grid inverters. In...
Sections of the Divorce Act declared unconstitutional
A Pretoria High Court Order was affirmed by the South African Constitutional Court on October 10, 2023, where it was determined that Section 7(3)(a) of the Divorce Act is unconstitutional and invalid insofar as it limits the application of Section 7(3) of the Divorce...