Legal Articles | All posts archived in 'October 2021' — Page


Legal Articles

From monthly archives: October 2021

We are pleased to present below all posts archived in 'October 2021'. If you still can't find what you are looking for, try using the search box.

Labour Laws Amendment Act – The Next Step For Employers

South Africa’s Labour and/or Employment regulation landscape is on an advancement path, if anything about the Labour Laws Amendment Act 10 of 2018 (LLAA) is to go by. The LLAA amended some provisions of the Basic Conditions of Employment Act 75 of 1997 (BCEA) to provide for further categories of leave. These fed into the spirit and purport of the Children’s Act 38 of 2005, to safeguard the wellbeing of minor children. 

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Is An Antenuptial Agreement Anti-Nuptial?

With bliss, anticipation and love abound, it is almost uncomfortable for a couple that is about to get married to discuss the possible dynamics around which the marriage may likely end. It is indeed an uncomfortable discussion, but one that is necessary and in best interest if looked at from the right perspective. We all wish for good things, but good things sometimes do not last.

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How Do Companies Maneuver The Cybercrimes Act & POPI Act

The importance of having an Information Officer in a company has never become so necessary than in the past year or so in South Africa. This period saw the coming into operation of the Protection of Personal Information Act 4 of 2013 (POPIA) and assenting to of the Cybercrimes Act 19 of 2020 by the President.

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How Accrual In Matrimonial Property Is Calculated

The divorce “battle” is one of the most fiercely fought between some divorcing spouses. This is often as a result of bitterness, frustrations, anger or feelings of betrayal by a spouse once entrusted with the other’s life. In a final show of revenge to settle the scores, the aggrieved spouse will aim to walk away with as much assets as possible to the detriment of the other. This however may naturally be frustrated when the rules governing dissolution of marriages and division of matrimonial assets are applied. The question of which matrimonial property regime applies becomes important in this juncture.

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Deciphering The New Cybercrimes Act 19 Of 2020

There is no doubt that the use of the internet and technology is fast growing in many parts of the world. While this does not make it on the news in the developed world, internet use penetration is fast growing even in the most remote of areas in the developing countries.

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An Antenuptial Contract That Never Was – And Why It Wasn't

It is not always a wonder why a lot of disputes sometimes arise after the reading of a Will. Not least because the Will is not clear, it is usually that some people may feel that their anticipation was not met as they thought. Such disputes sometimes spill into the Courts to challenge the Will or its validity at all costs so that it can be dispensed with, hoping that should the estate be administered and distributed according to the rules of Intestate Succession, they stand to gain more. In the end however the Courts take the principle of freedom of testation in serious light, as was held in the cases of Spies v Smith 1957 (1) SA 539 (A) and Katz and Another v Katz and Others 2004 (4) All SA 545 (C) where freedom to nominate beneficiaries was protected by the Courts.

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The Intricancies of Child Custody in South Africa

Many people have come across or at least know homes headed by a single parent. Some amongst us were raised in such homes.

While most may believe that the ideal situation would a family home where both parents are present - side by side taking care of the family, there are several life challenges which often result in this not being realised.

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The 8 in Section 8 – Acts of Insolvency

When an entity cannot pay the debts they owe as and when they become due, or where their liabilities exceed their assets, such party is considered insolvent in South African law.

In the latter case this effectively means, even if the party were to liquidate all their assets to settle liabilities, it would still not be enough.

Declaration of insolvency status is done by the Courts.

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Sick Leave and COVID-19 – A Guide For Employers

It has taken a lot of regulatory intervention to help contain the effects of the ravaging COVID-19 pandemic, especially in the labour market. This is because at no point in recent times has there been a single phenomenon that has simultaneously crippled economic activity throughout the world. Additionally, what has exacerbated the situation is the virus has affected anyone and everyone; even those who have not been infected have been affected by its negative effects.

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