Unfairly dismissed?

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 […]

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Forfeiture of pension benefit

Forfeit pension

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 […]

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Land Court Act

Land Court Act

After many revisions, the Land Court Act is finally enacted The Land Court Bill has been occupying legislators for some time now. Last year, it was finally enacted and became the Land Court Act No. 6 of 2023. The Land Court Act is an attempt to right some of the wrongs of the past, and […]

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AI and the legal profession

AI legal profession

How your lawyer might use AI and why this is nothing to worry about The rise of artificial intelligence (AI) has had a disruptive influence on society. AI is a very broad term that describes the ability of machines to perform tasks that previously required human intelligence, such as reasoning, learning, and decision-making. Types of […]

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Application to compel

Application to compel

What is an application to compel and when would you use one? Are you going through a hostile divorce and your spouse’s attorneys are not being completely transparent in the discovery phase? Do you think your employment has been wrongfully terminated but your employer is withholding documents you need to make your case? In these…and […]

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I’ve been subpoenaed – what now?

Subpoena

Understanding the subpoena process in South African law Have you been summonsed to appear in court (subpoenaed) and give evidence in a trial? If so, you may be frightened, or at least a bit anxious. As lawyers, we attend court all the time. It’s a familiar environment for us. But we know that for the […]

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Trust me, I’m a police officer

Police scammers

How to recognise police impersonation scams and what to do about them Dressing up as a police officer has long been an act for male strippers. It’s a bit of fun and no one would mistake them for real law enforcement officers. But impersonating a police officer for financial gain is a serious issue. Extortion […]

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Rule 43 and Muslim divorce

Muslim R43

Where law and culture intersect Muslim marriage has been in the news recently. In June 2022, the Constitutional Court declared the Divorce Act unconstitutional because it failed to recognise Muslim marriages that have not been registered as civil marriages as valid marriages. Parliament was ordered to rectify the legislation to comply with the Constitution within […]

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Defining domestic violence

Understanding domestic violence and protection procedures Domestic violence is a pressing social issue in South Africa, affecting individuals and families across all communities. It does not discriminate according to educational status, economic standing, or social class. Defined as a pattern of abusive behaviours perpetrated by one against another, it encompasses various forms of abuse, including […]

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