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Notwithstanding the fact that an Executor of a deceased estate acts as per the authority of the Master of the High Court, to superintend over the administration of the deceased estate, it is not without restrictions. Executors have a wide discretion in this process but that their actions and decisions must be within what is permissible at law and as per the Master’s directives.
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The Directors of a company and Trustees of a Trust owe a fiduciary duty towards the company or trust. It is required that they perform their responsibilities and duties with care, skill, in good faith and with diligence. Where it is found that a director or Trustee was grossly negligent or utterly reckless in the discharge of their duties, they may be removed from such capacity and in some circumstances personal liability may be attributed to them either by the company or beneficiaries of the trust.
In various decided cases, our Courts have pronounced some interesting legal principles with regards to customary marriages, which are binding in South Africa. It was decided in the case of Mbungela And Another v Mkabi And Others (820/2018) [2019] ZASCA 134 that lobola does not necessarily require to have been paid in full in order for a customary marriage to be valid, as long as other requirements were complied with. The same case (Mbungela) and the case of Tsambo v Sengadi (SCA) (unreported case no 244/19, 30-4-2020) it was also upheld that the handing over of the bride is not indispensable.
The Road Accident Fund (RAF) is a creature of statute being the Road Accident Fund Act 56 of 1996 [as amended] (hereinafter referred to as the Act).
Some might have heard of the term ultra vires, which is a Latin phrase loosely translated to ‘without authority’ or ‘beyond powers'.
In our previous discussion on this topic, we noted that the Recognition of Customary Marriages Act 120 of 1998 (the Act) [as amended] was promulgated to formalize customary marriages in South Africa.
Towards the end of November last year, someone randomly posted on the popular social media platform Facebook the following, “Guys please advise me, if a car hits me later today when I walk to the football game, will Road Accident Fund pay me before Christmas?”
The Property Practitioners Act 22 of 2019 (PPA) came into effect on 1 February 2022, bringing some significant changes in the regulation of the property sector.
This article is part 2 of a series where our attorneys debunk some myths on customary marriages. There are many myths and opinions in public discourse with regards to the principles surrounding customary marriages.
From our experience, we have discovered that there is quite a number of couples whom the law recognizes as married under customary law, whereas the couples consider themselves not. It comes as a shock when they are eventually advised that in fact the law recognizes them as married. Most often this happens where families conduct indigenous customary marriage rites in anticipation of a “white” wedding at a later stage. In this discussion we will debunk some myths and share insights with regard to customary marriages.
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