The mandament van spolie (spoliation) is available only in cases where the deprivation of possession is illicit. In McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87, the court had to decide whether the mandament van spolie remedy was available to McGregor in circumstances where his access, and the use of an electronic booking… Continue Reading
The recent Bwanya case
The right of a surviving life partner in a permanent opposite-sex life partnership to inherit or claim maintenance. The recent Constitutional Court judgement of Bwanya v The Master and others (CCT 241-20) has substantially changed the law as it applies to the definition of “spouse” in the Intestate Succession Act, applying to a surviving life… Continue Reading
Marriages solemnised between a foreigner and a South African citizen.
A client asked: “I am South African, and my husband is a Zimbabwean national. We got married in Johannesburg. Are we married in or out of community of property?” As a matter of private international law and longstanding South African precedent, the matrimonial property regime of a married couple is determined by the lex domicilii… Continue Reading
Enforceability of a prenuptial executory donation
DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP) Marriage — Divorce — Proprietary consequences — Marriage out of community of property — Antenuptial contract — Enforceability of prenuptial executory donation with terms contradicting those of parties’ antenuptial contract — Enforcing such inconsistent with court’s discretion under Divorce Act 70 of 1979, s… Continue Reading
HINDU MARRIAGES IN SOUTH AFRICA
By Sasha Goldstein Hindu law in South Africa is similar to that of Muslim and Jewish law. All these legal systems are currently unrecognised, and the implication is that marriages concluded in terms of Hindu law are not recognised as valid marriages due to their non-compliance with the Marriage Act[1] and their potentially polygamous nature.… Continue Reading
Inheritance and Wills
Source: A simple guide to South African Family Law by Nthabiseng Monareng Introduction One of the most important things that a person needs to think about is death and how their assets will be distributed after their death. When a person dies, their assets will be distributed either in terms of their will (testate succession)… Continue Reading
When a buyer can claim damages for a leaking roof
A client asked: I recently bought a house and on taking occupation I noticed that there was a bad leak in the roof that the seller never told me about. I complained to the agent, and she told me that as the deed of sale contained a voetstoots clause there was nothing I could do.… Continue Reading
More about legal costs
A client asked, “If I win my case will I get back all the fees I paid you?” Types of legal costs There are three types of legal costs: Party and party costs These are the costs that a court will award the successful party in a court case. The losing party must pay these… Continue Reading
What is a usufruct?
The English word usufruct derives from the Latin roots usus and fructus, from verbs meaning to possess and to have the benefit of, respectively. A usufruct is a right given by an owner to someone else to use the owner’s property for a limited time, usually for a person’s lifetime. The holder of a usufruct,… Continue Reading
Enforceability of a prenuptial executory donation
DB v CB 2021 JDR 0896 (GP) 2021 JDR 0896 (GP) Marriage — Divorce — Proprietary consequences — Marriage out of community of property — Antenuptial contract — Enforceability of prenuptial executory donation with terms contradicting those of parties’ antenuptial contract — Enforcing such inconsistent with court’s discretion under Divorce Act 70 of 1979, s… Continue Reading
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