Legal news and commentary from the offices of Simon Dippenaar
What constitutes discrimination? One of the principal tenets of our Constitution is equality under the law. The Bill of Rights is the cornerstone of the Constitution, and Section 9 deals with equality. Discrimination is covered in subsections 3-5, which state: (3) The state may not unfairly discriminate directly or indirectly against anyone on one or […]
Privacy and media law The right to privacy is a fundamental part of South African law, protected by the Constitution and other legislation. It allows individuals to control their personal information and keep certain details private, away from the eyes of the state or others. This can include information about home life, health and relationships. […]
This Women’s Month, SD Law congratulates women in sport This month, South Africa observes Women’s Month. We say “observe” rather than “celebrate” because women still experience physical and emotional abuse and even death at the hands of men every day at shamefully high rates in our country. Sex work is still criminalised and sex workers […]
Personal liability of a member of a deregistered Close Corporation Are you a member of a deregistered Close Corporation? Although no new Close Corporations have been able to be registered since 1 May 2011, there are still Close Corporations in operation. A Close Corporation registered before that date can carry on as usual until it is liquidated or the members […]
What to do with the marital home on divorce – Section 57 of the Deeds Registries Act When a couple divorces, there may be debates about who keeps or continues to live in the matrimonial home. Once the emotional and practical issues are resolved, there is still a legal matter to attend to. Ultimate ownership […]
What is assault and what should you do if you are assaulted? The very word “assault” understandably sparks fear and alarm in many people. Although assault can be verbal, we most often associate assault with a physical act. In South African law, assault is a criminal offence defined as the unlawful or intentional application of […]
What happens if the terms of your will change? We recently wrote about the risks associated with intestacy. If you die intestate – without a will – your estate is subject to the provisions of the Intestate Succession Act 81 of 1987, which we outlined in the article mentioned. A client asked us what would […]
When promises in contracts fall short: a legal perspective A contract dispute is a conflict or disagreement between parties. Disputes occur when there are differing views or claims regarding the terms, obligations, or rights outlined in the contract. Some of the most common causes of disputes include ambiguity in the terms used – vague or […]
What happens when you die without a will? Death is not something we like to contemplate, but it will come to us all. Benjamin Franklin is credited with the saying, “Nothing is certain but death and taxes.” None of us knows the hour of our death, and most would say that’s a good thing, but […]
This Father’s Day/Youth Day, we reflect on fatherhood and young fathers Father’s Day coincides with Youth Day this year, and this provides an opportunity to reflect on the role…some would say plight…of young fathers, over 90% of whom are unmarried and not living with the mother of their child, as well as on the rights […]
What is the Code and what does it mean for employers and employees? Have you or has someone you know been sexually harassed at work? The likelihood is significant: approximately 30% of women had experienced sexual harassment in the workplace, according to a 2019 survey by the South African Human Rights Commission (SAHRC). The Labour […]
We recently covered a story about a husband’s forfeiture of his right to his wife’s pension benefit on divorce, even though they were married in community of property, due to his complete lack of financial contribution to the marriage, compounded by his infidelity. In the case below, a forfeiture of pension rights was overturned on […]
