Resignation with Immediate effect in the face of Misconduct Allegation

Can an employee resign with immediate effect in the face of misconduct allegations? There have been conflicting decisions and uncertainty whether an Employer can still take disciplinary action against an Employee who resigned with immediate effect in the face of misconduct allegations. In the matter of The Standard of Bank of South Africa Limited v… Continue Reading


Court finds that our laws fall short concerning Muslim marriages. In the recent SCA case, where the President and Minister of Justice were the Appellants, regarding Muslim marriages, the court found that: The Marriage Act and the Divorce Act are declared to be inconsistent with the Constitution in that they fail to recognise marriages solemnised… Continue Reading

Divorce settlement through mediation

Our cases and the law put parties and their legal team at risk if they do not attempt to mediate the divorce dispute at an early stage. Mediation assists both parties in working out arrangements for themselves and their children instead of handing over control of their affairs to a court. The process reduces conflict… Continue Reading

Claiming spousal maintenance after divorce – a debate

A very common question that often sparks debate is whether a party can claim interim, or temporary spousal maintenance from an ex-spouse after a divorce order has been granted. Rule 43 provides as follows, “this rule shall apply whenever a spouse seeks relief from the court in respect of…”(a) maintenance pendente lite, (b) a contribution… Continue Reading

Divorce mediation as an alternative to litigation

Divorce mediation is an alternative dispute resolution process that Kansas couples may use to settle differences on specific issues in a divorce. Spouses may decide on their own to try mediation, or a judge can order mediation in a divorce case. Before you consider or begin mediation, you should have an understanding of how it… Continue Reading

Civil Union Act amendment

On 20 October 2020, parliament repealed section 6 of the Civil Union Act that previously permitted a marriage officer to object to solemnise a civil union between persons of the same sex on the ground of conscience. Thiruna Naidoo of the Centre for Human Rights stated that that the amendment was a positive step toward… Continue Reading

Divorce Settlement Negotiations

Divorce Settlement Negotiations

Divorce settlement negotiations are neither the beginning nor the end of your relationship. Here are some tips to keep you grounded and productive when facing this situation. By Gregg Herman, Family Lawyer Gregg Herman is a Family Law attorney with Loeb & Herman, S.C., Milwaukee, Wisconsin. He is certified as a specialist in family law… Continue Reading

South African Law Blogs

South African Law Blogs
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