Posts by: admin

Father Or Donor? The Legal Complexities Of Known Sperm Donation In South Africa

When John agreed to donate sperm to assist his friend to become a mother, he thought he was just offering a kind gesture. However, years later, when he wanted to be part of the child’s life, the law didn’t seem to have a clear answer: Was he just a donor or a father with rights

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Divorce And Forfeiture Of Patrimonial Benefits

The legal consequence of marriage in community of property is that at the dissolution of such marriage, there shall be equal division of the joint estate. However, in some cases the court can deviate from the legal consequences that flow from marriage in community property and grant an order for forfeiture of patrimonial benefits of

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IS VOETSTOOTS CLAUSE STILL VALID AND ENFORCEABLE?

The term “voetstoots”, a principle found in common law, meaning sold “with a shove of the foot”. Some buyers may not be mindful of this, when you buy something, there is an implied warrantee that the thing sold is free from any defects. It is however possible that one can contract out of this implied

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Studio interview with Kensani Claudia Conversation about custody, customary marriages, maintenance, wills etc

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The Prescription Of Debt – When You Can’t Be Forced To Pay

By President Sambo Prescription is a rule of law that is designed to extinguished claims/debts. It’s regulated by the Prescription Act 68 of 1969 (“the Act”). A debt, which is described as the payment of money or delivery of goods or services, will prescribe after the lapse of a certain time period. This means that

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The Law On Contempt Of Court

By: President Sambo The basic functions of our courts are to interpret and apply the law, resolving disputes referred thereto. Section 165(5) of the Constitution of the Republic of South Africa provide that court orders are binding on all persons and organs of state to which it applies. So often we have cases where court

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How To Change From ‘In’ To ‘Out’ Of Community Of Property

More often than not couples rush into marriage before understanding the operation of the following matrimonial property regimes (In Community of Property’ and Out of Community of Property with or without the accrual system) and before they realise it, they are bound by South Africa’s default matrimonial property regime which is that of ‘In Community of Property’. This

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DIVORCE ORDER AND PENSION / RETIREMENT FUNDS DIVISION

Divorce can be an emotional and at times challenging experience, not only do you have come to terms with the end of a life-long partnership, but also the difficulties of dividing properties accumulated during the marriage. Division of the marriage estate is an unavoidable consequence of Divorce, how the estate shall be divided will depend

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ELECTRONIC SIGNATURES IN TERMS OF SOUTH AFRICAN LAW

We live in a changing world; technology have transformed the traditional methods of conducting businesses. The outbreak of COVID-19 left many businesses with no choice but to rapidly deviate from the usual method of operation and adopt using data messaging and electronic forms of communication. The most basic method of authenticating documents or giving consent

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STAND UP AGAINST GENDER BASED VIOLENCE

Since the scourge of the Covid-19 pandemic which resulted in the country being placed under lockdown, not only have we seen an increase in the amount of people being infected by the virus but also the amount of gender based crimes against Women and Children . A lot of women and children have no other

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