This is a judgment of the Constitutional Court, declaring invalid certain provisions of the Marriage and Divorce Acts, and recognising Muslim marriages. On application for confirmation of an order of constitutional invalidity granted by the Supreme Court of Appeal: 1. The Supreme Court of Appeal’s order of constitutional invalidity is confirmed: 1.1. The Marriage Act 25 of 1961… Continue Reading
Transfer costs in a deceased estate
A client asked: We own a property that is registered in both my wife’s and my name, meaning we have joint ownership on an equal basis. What I’d like to obtain clarity on is, how are the property transfer fees calculated if the first dying leaves the property to the surviving spouse? Are transfer fees based… Continue Reading
POPIA: Time for a Data Protection Health Check
The Protection of Personal Information Act No. 4 of 2013 (“the Act”) came into force on 1 July 2021. The Act governs how companies handle the personal information of their customers, suppliers, and staff members. By that date, companies had to appoint and register an Information Officer and comply with the Information Regulator’s Codes of… Continue Reading
Applying for a business visa
In terms of section 15 of the Immigration Act, (1) Subject to subsection (1A), a business visa may be issued by the Director-General to a foreigner intending to establish or invest in, or who has established or invested in, a business in the Republic in which he or she may be employed, and an appropriate… Continue Reading
When is it unconstitutional that a spousal visa becomes invalid if the relationship ends?
A spousal visa allows a foreigner to live with a South African Citizen or permanent residence holder in South Africa on a temporary visa. s 11(6)(a) of the Immigration Act provides that a spousal visa shall only be valid while the good faith spousal relationship between the parties ‘exists’, and s 43(b) of the Act… Continue Reading
What are my rights if telemarketers call me without my permission?
Telemarketers constantly inundate me with calls. Is this an offence? The Protection of Personal Information Act (POPIA) doesn’t protect you from marketers who contact you telephonically unless you explicitly tell them to stop calling you. Section 69 of POPIA deals with processing your personal information without your consent. You must consent to direct marketing using… Continue Reading
Lent your moveable property to someone but can’t get it back?
By Dean Brainin A client lent a trailer to a friend to use on a camping trip. The friend refuses to return it. What can the client do? Our law defines “Lending” as granting to someone the use of something on the understanding that the borrower will return it. What happens when a person refuses to… Continue Reading
Surrogacy and the best interests of the child standard
By Sasha Kadish Section 295 of the Children’s Act[1] sets out guidelines for a court to consider when confirming a surrogacy agreement. The guidelines[2] all refer to the requirements of the surrogate mother as well as the commissioning parents, save for S295(e), which states that the court must, in general, have regard for the personal… Continue Reading
Electronic signatures and the sale of immovable property
The Electronic Communications and Transactions Act, 25 of 2002 (the ‘Act”) defines an electronic signature as data – “an electronic representation of information in any form”, which is attached to, incorporated in, or logically associated with other data and which is intended by the user to serve as his signature in an electronic environment. The… Continue Reading
Unenforceable Clauses In A Marriage Contract
General Principals Spouses are generally free to include any provision in their antenuptial contract (ANC). However, the provision may not be contra bonos mores (against the good morals of the public), against nature, reason, public policy, prohibited by any law or purports to take over the powers of the court. Clauses of this nature will… Continue Reading
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