Long v South African Breweries

Constitutional Court confirms it is not necessary to hold a pre-suspension hearing. In Long v South African Breweries (Pty) Ltd and Others [2018] ZACC 7 the Constitutional Court confirmed that there is no requirement to afford the employee an opportunity to make representations prior to the implementation of his/her precautionary suspension by an employer. The… Continue Reading

Enforcement of Foreign Judgments

  Source: Herbert Smith Freehills LLP   Which domestic laws and regulations govern the recognition and enforcement of foreign judgments in your jurisdiction? The enforcement of foreign judgments in South Africa is governed by: the Enforcement of Foreign Civil Judgments Act (32/1998) (EFCJ); and the common law.   The EFCJ applies only to judgments handed… Continue Reading

Newly Single – How to Financially Get Over Your Ex

This article was originally published at HiCharlie.com Some of the content is American based but is still very useful in a South African context. Breakups are painful and confusing. All of a sudden, your life is completely different, and you now need to deal with everything on your own — including financial matters. Even though… Continue Reading

Contract Non-Variation Clause

Is cancellation of a contract by email valid? The tenant of leased premises purported to cancel a lease through the exchange of emails. A non-variation clause in a lease required that cancellation be in writing and signed by parties. Then landlord sought and was granted an interdict by the High Court in that the emails… Continue Reading

Can a hotel guest sue for an injured ankle?

A guest slipped and fell in a hotel bathroom and injured his ankle. The court, in Klassen v Blue Lagoon Hotel and Conference Centre had to decide if the hotel was negligent and had to pay the guest damages. The defendant disputed liability, alleging that the plaintiff was drunk at the relevant time. It also… Continue Reading

Will and Trust Contests

Questions for Discussion What legal standing and grounds are required to attack a will and a trust? What standard of proof is required when attacking a will or a trust? What are the allowable time periods for attacking wills and trusts? Is it easier to contest a will than a trust?   Standing to Challenge… Continue Reading

How to Begin the Estate Planning Process

How do we get started? What will my spouse and I need for the first meeting with our estate planning attorney? Once you have found an estate planning attorney who is right for you, you should ask the attorney what you need to do to get the estate planning process under way. Most estate planning… Continue Reading

Comparing Testamentary and Living Trusts

Is it valid to compare a simple will to a living trust-centered estate plan? What are the similarities between living trust-centered planning and testamentary trust planning? What are the differences between living trust-centered planning and testamentary trust planning? Is living trust-centered planning preferable to testamentary trust planning? In most instances, trust critics compare living trusts… Continue Reading

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