Introduction Domestic violence is perpetrated between men and women on a daily basis, however, an average of 7 South African women are murdered by a partner or immediate family member daily. In an attempt to combat this the Legislature has…
Where parties have lived together for an extended period in a manner that resembles a marriage, but have not formally concluded a marriage, it is often referred to as a “common law marriage”. This term however is incorrect, as no…
Condition precedent clauses are a frequent feature in certain commercial agreements. They set out typically the events that must take place before the parties are obligated to perform. These clauses are commonly accepted as being fundamental to the enforceability of…
In an ever-changing digital world, most people have some form of online presence – from email, WhatsApp, Facebook and Instagram, to online banking and shopping. This dependence on computers and the internet, accelerated by the impact of the COVID-19, has…
In recent years, there has been an undeniable trend that many families have chosen to emigrate from South Africa for a variety of reasons ranging from the increase in crime, to wanting a more stable political framework to superior access…
A pressing question in law is whether unborn children have legal rights or not. This question often comes about in delictual cases where an unborn child has been harmed and is subsequently born with complications resulting from the harm. The…
The Criminal Procedure Act 51 of 1977 provides strict guidelines as to when and how a person may be arrested, which include the instances where a police officer witnesses an offence being committed or where a warrant of arrest has…
For many landlords, evictions are seen as something which is next to impossible, especially in today’s socio-economic climate, however this is not always the case and evicting a non-paying tenant is not an impossible task. Landlords who are tired of…
Debt review in South Africa is a legal process that restructures debt and is designed to protect consumers. Even so, it is a process that has considerable consequences and therefore must be considered cautiously. Once you have entered into this…
The duty to maintain an ex-spouse, or soon-to-be, and any dependent children is based on blood relationship, adoption, or the fact that the parties are or were married to each other. Should a person default on their maintenance obligations, they…
In the previous article in this series, we explored the legal nature of settlement agreements with reference to their status and enforceability in our law. What happens where a party breaches the settlement agreement? A settlement agreement constitutes a legally…
It is no secret that litigating can be a very long and arduous process. One of the major causes for delay is the severe backlogs the Judiciary faces. On 9 March 2020, Rule 41A of the Uniform Rules of Court…
Getting married is not quite as simple as saying “I do”. There are many legal and financial ramifications attached to a modern marriage, and it is important to know how to navigate these waters before taking the plunge. In South…
Cryptocurrencies such as Bitcoin, Ethereum, and Ripple act as exchange networks via which persons can affect the transfer of funds or wealth without need for oversight by a central regulatory authority, such as a bank, instead making use of peer-to-peer…
On 6 August 2021, the High Court of South Africa (Gauteng Division, Pretoria), in a Judgment penned by Kollapen J, dismissed a constitutional challenge to the Citizenship Act 88 of 1995 (“the Act”). This challenge was initiated by the Democratic…
On Thursday 5th August 2021, President Cyril Ramaphosa publicly announced some changes to the National Executive. This process has been referred to as a ‘cabinet reshuffle’. This is not the first reshuffle since the induction of President Ramaphosa, as shortly…
The arbitration clause in contracts have been a popular topic of debate and have stirred the litigation pot for some time now. An arbitration clause requires parties to a contract to resolve their disputes through an arbitration process as opposed…
A year and four months into the Covid-19 pandemic, many are still unsure as to what protocols need to be followed when coming into contact with someone who has tested positive for covid. In the Labour Court Judgment, Eskort Ltd…
In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related…
During July 2021, and seemingly initiated by the arrest of the former President, Jacob Zuma, South Africa experienced an elevated degree of civil unrest throughout many parts of Gauteng and Kwa-Zulu Natal. Whilst the full economic impact of these events…
On 11 June 2021, the Government published an amended Consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (the “Direction”). Of particular significance in the Direction is the inclusion of guidelines (the “Guidelines”) concerning the possible imposition of…
In an ever-changing digital world, most people have some form of online presence – from email, WhatsApp, Facebook and Instagram, to online banking and shopping. This dependence on computers and the internet, accelerated by the impact of the COVID-19, has…
Unlike the founding counterpart in the United States of America[1], the South African Constitution does not enshrine the right to bear arms – gun ownership is viewed as a statutory privilege principally regulated by the Firearms Control Act 60 of…
In 2019 a horrific discovery was made when inspectors attended at a captive lion breeding farm in the North West of South Africa to find more than a hundred lions, among other big cats, suffering from neglect, parasites, mange and…
In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related…
A liquidated damages clause describes the quantum of damages due and payable upon breach of a commercial agreement. This can be a devilish feature of non-disclosure and confidentiality agreements (“NDA(s)”) which typically set out the terms upon which a “receiving…
On 4 February 2021, the Constitutional Court handed down judgment in the matter of AmaBhungane Centre for Investigative Journalism and Others v Minister of Justice and Correctional Services and Others, declaring the Regulation of Interception of Communication and Provision of Communication-Related…
Uber SA may face a class action lawsuit in the Labour Court which is presently being prepared by a Johannesburg based law firm on behalf of South African Uber drivers. This follows a decision passed down by the UK Supreme…
The term “sperm donor” usually implies the donation of sperm by a man, which is to be inseminated into the person to whom the sperm was donated, for the purposes of procreation, wherein no parental rights and responsibilities attach to…
On Monday night, 26 April 2021, Norma Mngoma appeared to argue against testifying at the Zondo Commission. Her reasoning to the commission that her marital status somehow precluded her from testifying against her husband (Malusi Gigaba) was dismissed by commission…
Over the past six to nine months there has been a disturbing increase in the number of children being bullied at school. Parents are at their wits’ end. Educators, heads of school and governing body members are aware of these…
Introduction Domestic violence is perpetrated between men and women on a daily basis, however, an average of 7 South African women are murdered by a partner or immediate family member daily. In an attempt to combat this the Legislature has…
The Criminal Procedure Act 51 of 1977 provides strict guidelines as to when and how a person may be arrested, which include the instances where a police officer witnesses an offence being committed or where a warrant of arrest has…
For many landlords, evictions are seen as something which is next to impossible, especially in today’s socio-economic climate, however this is not always the case and evicting a non-paying tenant is not an impossible task. Landlords who are tired of…
Debt review in South Africa is a legal process that restructures debt and is designed to protect consumers. Even so, it is a process that has considerable consequences and therefore must be considered cautiously. Once you have entered into this…
The duty to maintain an ex-spouse, or soon-to-be, and any dependent children is based on blood relationship, adoption, or the fact that the parties are or were married to each other. Should a person default on their maintenance obligations, they…
In the previous article in this series, we explored the legal nature of settlement agreements with reference to their status and enforceability in our law. What happens where a party breaches the settlement agreement? A settlement agreement constitutes a legally…
© 2022 HJW Attorneys. All Rights Reserved | Maintained by Digital Briefcase
