Articles

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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CAN I HOLD MY EMPLOYER LIABLE FOR CONTRACTING COVID-19 AT WORK?

South Africa has now downgraded to Level 3 of the National Lockdown and more businesses are allowed to operate under this level. This results in more workers returning back to work, it has in fact been reported that approximately eight (8) million people are due to return to work under level 3. The opening of

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IS A POST-NUPTIAL CONTRACT, SIGNED BETWEEN HUSBAND AND WIFE WITHOUT A COURT’ SUPERVISION VALID AND ENFORCEABLE? THE CONSTITUTIONAL COURT

IS A POST-NUPTIAL CONTRACT, SIGNED BETWEEN HUSBAND AND WIFE WITHOUT A COURT’ SUPERVISION VALID AND ENFORCEABLE? THE CONSTITUTIONAL COURT Introduction The Constitutional Court has dismissed an application which sought an answer as to whether or not a post-nuptial contract entered into by the Parties during their marriage without a court’ supervision is valid and enforceable?

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WHY YOU NEED TO HAVE A WILL

Death is an event in life that cannot be predicted, we do not know how and when it would occur, just like other unfortunate event in life.  Our law provides regulations and procedures on how your possessions will be dealt with in the event of your death. South African law provides two mechanism in dealing

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NEW LAWS WHICH PARLIAMENT IS LOOKING TO INTRODUCE

THE CYBERCRIMES BILL The Cybercrimes Bill seeks to: Create offences which have a bearing on cybercrime; Criminalise the distribution of data messages which are harmful and to provide for interim protection orders; Impose obligations to report cybercrimes; Provide that the Executive may enter into agreements with foreign States to promote measures aimed at the detection,

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THE CONSTITUTION COURT HELD SECTIONS OF INTIMIDATION ACT OF 1982 UNCONSTITUTIONAL

SECTIONS OF INTIMIDATION ACT OF 1982 LIMIT FREEDOM OF EXPRESSION The Constitutional Court has unanimous held that section 1(1)(b) and 1(2) of the Intimidation Act 72 of 1987 are unconstitutional, finding that it limits the right to freedom of expression. The freedom of expression is provided for in the Bill of Rights under section 16

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