Legal news and commentary from the offices of Simon Dippenaar
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 […]
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 […]
Compensation for work-related injuries There are 869,000 domestic workers in South Africa, comprising 5.2% of the population, as at the end of March, 2024. Many of us rely on domestic workers to relieve us of the burden of cleaning our own homes, looking after our children, and perhaps cooking our meals. For many workers, women […]
Reprinted from timeslive.co.za, by Rorisang Kgosana – 2024-05-13 A father is in danger of losing custody of his children after pleading guilty to spanking them, saying he was unaware that chastisement was now regarded as a crime. The Centurion father, 36, is awaiting sentencing after admitting to the court that he hit his children, aged […]
The law is very clear on when dismissal is considered unfair. What can you do about it? South Africa’s Labour Relations Act (LRA), like all of our legislation post-1994, aims to protect the rights of all parties, ensuring no discrimination or bias and maintaining a balance of power between stakeholders. Workers’ dignity and rights, so […]
When is a spouse not entitled to half a pension on divorce? A recent case challenged the matrimonial property regime “out of community of property without accrual”, because on divorce a wife was unfairly denied a share of assets she had helped to accrue through her unpaid contribution to the household (raising children, building her […]
