Is it constitutional to force an employee to be vaccinated against Covid? The opinion worldwide seems to be that there must be a balance between an employer’s obligation to provide a safe and secure working environment and an employee’s right to freedom and security of person. This includes the right to bodily integrity and the… Continue Reading
Batna (Best Alternative to a Negotiated Agreement)
When you’re negotiating a contract, it’s common to focus almost exclusively on exactly what you want, especially when it comes to your key objectives in the contract. However, there’s value in entering those negotiations with a plan B, known as a BATNA (Best Alternative To a Negotiated Agreement) for the things you want most —… Continue Reading
Section 10 of the Births and Deaths Registration Act is unconstitutional.
In the case of Centre for Child Law v Director-General: Department of Home Affairs and Others the Constitutional Court declared section 10 of the Births and Deaths Registration Act 51 of 1992 (Act) invalid and inconsistent with the Constitution to the extent that it prohibits an unmarried father from giving notice of the birth of his child… Continue Reading
Forfeiture of the benefits of a marriage
Our law allows a court to make an order that one party may forfeit the patrimonial benefits of a marriage. Section 9 of the Divorce Act 70 of 1979 provides: Forfeiture of patrimonial benefits of marriage (1) When a decree of divorce is granted on the ground of the irretrievable breakdown of a marriage… Continue Reading
Electronic Signatures and Emails
In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd T/A Ecowash and Another , the Supreme Court of Appeal (SCA) ruled that the parties to an agreement that contained a non-variation clause (providing for cancellation to be in writing and signed by the parties) could vary the agreement through an exchange of emails. The… Continue Reading
FORFEITURE OF THE PATRIMONIAL BENEFITS OF A MARRIAGE
IS AN ALLEGATION OF ADULTERY A BASIS TO CLAIM A FORFEITURE OF THE PATRIMONIAL BENEFITS OF A MARRIAGE? By Sasha Goldstein Lately, it seems that infidelity and adultery are other viruses plaguing South Africa, which family lawyers must resolve. So often, a party in a divorce is so aggrieved and upset by their spouse’s behaviour… Continue Reading
Ensure your business is POPI compliant
Please refer to the attachment and informative video for more information. Bregman Moodley Attorneys offer a comprehensive POPI tool to ensure you are compliant with the Protection of Personal Information Act (Act 4 of 2013) (POPI Act). In addition, we help you remain POPI compliant. The POPI tool determines your compliance status and generates the… Continue Reading
How to protect yourself and your loved ones if you become temporarily or permanently disabled
How to protect yourself and your loved ones if you become temporarily or permanently disabled There’s nothing wrong with your head, apart from the throbbing gash over your right eye and the 20 stitches that are holding it together. You vaguely recall screeching brakes and flying glass. You notice your right leg and arm are… Continue Reading
Recognition of foreign marriages in South Africa
Destination weddings If you intend to have a destination wedding or if the husband is not a South African, you can and should enter into an antenuptial contract regulating the consequences of your marriage. Otherwise, you may be married in community of property. See this article. Registering a foreign marriage in South Africa You should… Continue Reading
Obtaining rehabilitation after sequestration
Rehabilitation allows someone who has been sequestrated to make a fresh start without the restrictions from the sequestration. An insolvent person may qualify for rehabilitation in certain instances. After ten years Once ten years from the date of provisional sequestration has passed, the insolvent is automatically considered rehabilitated. However, the court may issue an order… Continue Reading
COVID-19 Update