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In South African law, a number of contracts may be entered into verbally or in written form. It remains the choice of the parties, their requirements and what is convenient for them on whether to conclude their agreement in writing or orally. Sometimes it is about the cost as well. Legal Practitioners charge a fee to draft and facilitate the execution of a contract between the parties.
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For those who have visited the desert and experienced sand dunes, you have probably seen how quickly their shape changes as the wind blows over them. Some of you have been to the beach and probably written names of your loved ones in the sand along the shoreline, only to have them washed away by an incoming wave. In both cases, what was written or seen is no more.
Welcome, this is the risk of a verbal contract.
Growing up in our infant years, we used to play ‘imaginary family house.’ This was a game whereby we would find a suitable place in the backyard and divide roles amongst ourselves and our friends. One would be chosen to act as the father, another as the mother, and others as the children. Of course, sometimes there would be disputes between two boys who both would want to act as the father especially if the girl he liked was chosen as the mother for that particular day.
Contracts are part of our everyday interaction with each other, on so many levels e.g social, commercial, religious etc. At the mention of the word “contract” the first thing that clicks in many people’s minds is a long document with terms and conditions, in small fine print, full of legal jargon. Indeed, the majority of what can be accepted as contracts and used as such are in written format.
Verbal contracts are recognized and binding in South African law. Nonetheless, it still remains the burden of the claimant to prove the existence of such a contract where disputes have arisen. This is not easy, as the party who is alleged to have breached the contract will certainly not give in to anything easily, but try to beat the allegations of the claimant by all means necessary.
South Africa introduced the Cybercrimes Act 19 of 2020 when it was signed into law in May 2021, but is yet to come into operation. The need for such a law in its form is open to discussion by all stakeholders but there is general consensus of the need to create a regulatory framework to curb the scourges that it was promulgated to provide for and advance cyber security.
Further to the usual partying of the festive season, it is also a time where many couples schedule weddings to celebrate tying the knot. The huge pressure and strain that comes with organising and putting together a wedding more often leaves some little but important details unattended to. Unfortunately for some, the importance of these minor details only becomes manifest when the spouses are already in their new home.
In the English language vocabulary context, accrual means what has been accrued or gained. In the legal context, the same meaning does apply and in the context of matrimonial property systems, accrual means what has been added to or gained apart from what has been there before.
The Labour Laws Amendment Act 10 of 2018 (LLAA) amended the Basic Conditions of Employment Act 75 of 1997 with regards to categories of leave, as well as unemployment insurance (UIA). It introduced the parental, adoption and commissioning parental (surrogacy) leave. This means that employees are now legally entitled to these types of leave in suitable circumstances. While maternity leave is for female employees who give birth, parental leave is much broader and is inclusive of fathers in heterosexual relationships, females in same sex relationships, or males in same sex relationships.
The Cybercrimes Act 19 of 2020 was signed into law in May 2021, and will become effective on the commencement day identified once published in the gazette. The Act seeks to improve security in the cyberspace by codifying activity identified as offences and requiring entities that store communication and financial information to report any activity that amounts to criminality. The need for such a law resonates with the growing use of cyber systems, programs, and applications. In other words there is growing presence of users on the cyberspace everyday and in turn, increase in criminal activity is a natural result.
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