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Medical Schemes Regulator Welcomes Court Ruling

Medical Schemes Regulator Welcomes Court Ruling

The Council for Medical Schemes (CMS) released a statement on Tuesday (31 October 2023) noting and accepting the ruling delivered by the North Gauteng High Court in Pretoria. This comes after the CMS approached the high court seeking general guidance on ...

Divorce 101 - Let's Recap

Divorce 101 - Let's Recap

The Constitutional Court concluded that the differentiation between individuals who entered into a marriage (and an antenuptial agreement) before and after the commencement of the Matrimonial Property Act constitutes unjustifiable and indirect discrimina...

Fathers Entitled to 4 Months Parental Leave and to Claim UIF During Parental Leave

Fathers Entitled to 4 Months Parental Leave and to Claim UIF During Parental Leave

Posted in: Labour Law

The High Court has delivered a ground-breaking judgment declaring provisions of the Basic Conditions of Employment Act unconstitutional. It found that the provisions discriminate unfairly between mothers and fathers, and between birth-mothers and mothers...

Beneficial Ownership - Frequently Asked Questions:

Beneficial Ownership - Frequently Asked Questions:

Beneficial ownership requirements in South Africa are aimed at enhancing transparency in business ownership structures. These requirements mandate companies to identify and disclose the individuals who ultimately own or control the company, trust or othe...

Cancelling Lease Agreements –  Can My Landlord Charge Me Penalties?

Cancelling Lease Agreements – Can My Landlord Charge Me Penalties?

It is really important to note that the landlord must prove that they attempted to mitigate their damages and took positive steps to find a new tenant. In general, an amount equal to 2 months rental is awarded if the landlord is unable to find a new tena...

Are Administrative Officials and Authorities Allowed to Revoke or Vary Its Own Decision?

Are Administrative Officials and Authorities Allowed to Revoke or Vary Its Own Decision?

Despite our courts’ attempts to frame a suitable approach to the functus doctrine in South African administrative law, contradictory opinions on the variation or revocation of administrative action persists....

Agency and Commercial Representation

Agency and Commercial Representation

All types of agency are permitted in commercial relationships in South Africa.

Major Changes in Construction Industry

Major Changes in Construction Industry

Posted in: Construction Law

The Construction Industry Development Board along with The Minister of Public Works published draft amendment regulations for comment pertaining to Prompt Payment as well as compulsory Adjudication Procedures to be followed by the construction industry....

The Ante-nuptial Contract

The Ante-nuptial Contract

During the excitement of your impending wedding it is easy to forget about the ante-nuptial contract.

A Property Owner’s Liability for Historical Municipal Debt

A Property Owner’s Liability for Historical Municipal Debt

Posted in: Litigation

The property owner in this judgment sought clarity form the Supreme Court of Appeal on whether he and his successors in title were liable for the historical municipal debt owed in respect of his property....

Oscar Pistorius – Denied Leave to Appeal to Constitutional Court

Oscar Pistorius – Denied Leave to Appeal to Constitutional Court

Posted in: Criminal Law

The former Paralympian hero has failed in his final attempt to take his case on appeal to the Constitutional Court.

Legal Implications: The Vodacom Please Call Me Constitutional Court Judgment

Legal Implications: The Vodacom Please Call Me Constitutional Court Judgment

Posted in: Litigation

On 26 April 2016 the Constitutional Court handed down its judgement in the matter of Kenneth Nkosana Makate v Vodacom (Pty) Ltd