Can trustees sell trust property to their own company?
The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. Peter […]
Parenting coordinators and their decision-making powers
Scenario: Assuming the divorcing parties enter into a parenting plan in respect of their children which contains the following clause: “If the parties are unable to reach an agreement on any major joint decisions in respect of the children, the dispute shall be referred to the parenting coordinator who shall attempt to resolve the dispute […]
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944
Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of the Magistrates Court Act reads as follows: “45. Jurisdiction by consent of parties. (1) Subject to the provisions of section […]
Signing an antenuptial contract before getting married does not mean you are anticipating divorce
Discussing an antenuptial contract might not be the easiest of conversations to have with a prospective spouse. However, it is important to be aware of the benefits of an antenuptial contract while you are happily married. Before we discuss the benefits of an antenuptial contract, let’s consider the different marital regimes couples can enter. 1. […]
I can no longer afford to pay maintenance, what should I do?
It so often occurs that the financial circumstances of the party responsible for paying maintenance may change and resultantly the party may no longer be able to meet his or her maintenance obligations in terms of the maintenance order. Section 31 of the Maintenance Act renders any failure to comply with a maintenance order a […]
My child is being bullied at school – Can the law assist?
In recent years, reports of bullying incidents have been on the increase in schools and have reached a point where some have tragically resulted in loss of life, causing a growing concern amongst parents. Bullying can take many forms, some more severe than others, and affects victims in various ways. Sadly, due to technological advancements, […]
The employer’s responsibility in workplace harassment
This article will briefly discuss the common law option available to employees who are exposed to a form of discrimination in the workplace, specifically sexual harassment and the employer’s failure to adequately address the issue. The focus of the discussion will be on a recent High Court case, Phil-Ann Erasmus v Dr Beyers Naude Local […]
The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 1
The subdivision of agricultural land or “farmland” is regulated by the Subdivision of Agricultural Land Act No. 70 of 1970 (hereafter “the Act”) which came into operation on 2 January 1971. Baker J, in the case of Van der Bijl v Louw, stated that the Act has its purpose in preventing the situation where farming […]
Lost your original title deed? What do you do?
Before the transfer takes place, the owner (seller) must make a written application to the registrar of deeds, requesting a certificate of the registered title (CRT) of the land in terms of Section 38 of the Deeds Registries Act 47 of 1937. The application must be accompanied by an affidavit attested to by the owner […]
The importance of an objective and experienced executor
The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance with the testamentary wishes of the deceased. Importantly, although a person can nominate an executor, the executor is appointed by the Master of the High Court through the issuing of Letters of Executorship. The executor is responsible for, amongst other […]
