When does one become the owner of a fixed property in terms of a divorce settlement agreement? For example, the settlement agreement may provide that within seven days of the grant of a decree of divorce Mr Jones shall cause his half share of 123 -1st Ave, Orange Grove to be transferred to Mrs Jones.… 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On 20 October 2020, parliament repealed section 6 of the Civil Union Act that previously permitted a marriage officer to object to solemnise a civil union between persons of the same sex on the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
Why a Written Contract Is Better Than a Verbal Agreement
Source: Jesse White (Ed. Note. This is an article written by an American for an American audience, but it is very useful in the South African context). Contracts govern nearly every aspect of day-to-day life in ways one may not even realize. From accepting the Terms and Conditions of an app on our smartphones to… Continue Reading
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
COURTS TAKING A STRONG STANCE AGAINST THOSE IN CONTEMPT OF COURT FOR NON-PAYMENT OF MAINTENANCE
In a recent interesting judgment handed down by FA Snyckers AJ in the Johannesburg High Court in the case of Ramdial v Naidoo, the mother brought an application to place the father in contempt of court of a previous court order to pay maintenance. The facts of the case were as follows: In 2017 the… Continue Reading
Social Media and the Law
Social media platforms such as Facebook, Twitter and YouTube have become an integral part of our everyday lives and have an important role to play in our social environment and help us keep in touch with others and stay informed of events around the world. Yet despite many of the benefits of social media platforms,… Continue Reading
Tax Deduction for Home Expenses under COVID-19
More and more employees are working from home under lockdown conditions. Some may even continue to work from home on an indefinite basis. The Income Tax Act 58 of 1962 (the Act) allows employees to claim tax deductions for home office expenses that will typically include rent of premises, interest on bond, cost of repairs… Continue Reading
Can a bank sell a repossessed vehicle for a ridiculous amount?
FirstRand Bank Limited t/a Wesbank v Davel (1229/2018) [2019] ZASCA 168 (29 November 2019). FirstRand Bank Limited t/a Wesbank (Wesbank), concluded a written instalment sale agreement with Davel, in terms of which he purchased a 2010 Volkswagen Polo, payable over 59 months with a balloon payment in the 60th month. Davel fell behind on the… Continue Reading
High Court mediation rules
Rule 41A: Mediation as a Dispute Resolution Mechanism Continue Reading
Dog bites – what defences can an owner raise?
In Van Meyeren v Cloete (636/2019) [2020] ZASCA 100 (11 September 2020) the Supreme Court of Appeal (SCA) had to consider the rights and responsibilities of dog owners in South Africa. In this case, a gardener and refuse collector (Cloete) was attacked without any warning or reason by three dogs on a Cape Town street.… Continue Reading
COVID-19 Update