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Customary marriages in South Africa are regulated under the Recognition of Customary Marriages Act 120 of 1998 (RCMA). The RCMA provides that for a customary marriage to be deemed as legally valid and binding, the requirements provided in Section 3 must be complied with.
Whereas liquidation is prescribed for companies that are insolvent (solvent companies can also liquidate under section 81 of the Companies Act 71 of 2008), business rescue is preferred where there are prospects that the company can be saved from shutdown.
In this article, we discuss the business rescue process in South Africa, as well as the difference between business rescue by compnay resolution and business rescue by court order.
The Women’s Legal Centre had in 2009, brought a petition to the Constitutional Court for direct access in terms of Section 167 of the Constitution, seeking relief from the Court to direct the state to recognize marriages concluded under Muslim law.
The default matrimonial property system under South African law is the community of property. Parties to a marriage are expected to clearly indicate should they wish to have a different matrimonial property system applicable in their marriage.
The introduction of changes to marriage laws in South Africa can be expected as The Department of Home Affairs is developing new policies which are built on the foundation of the constitution.
Many consumers and business owners are asking questions around whether a digital signature will be accepted when signing legal documents during the current lockdown.
Many consumers have been kept in the dark about the ins and outs of credit insurance in South Africa and how it can be particularly useful in the wake of COVID-19. If you have at any stage purchased something on credit, it’s likely that you have also purchased credit life insurance knowingly or unknowingly.
Although there has been much confusion around the lockdown rules in South Africa, there is one thing that has been made clear; running or exercising in your estate or complex is not permitted.
From a conveyancing perspective, there have been various pitfalls identified with regards to contractual capacity and concluding offers to purchase in South Africa in respect of immovable property.
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