Rights and responsibilities of unmarried fathers
The rights and responsibilities of biological fathers who were not married to the child’s mother at the time of conception or birth can be uncertain. In this article we will discuss when a biological father obtains rights and responsibilities towards their child(ren). Alissa has a 7-year-old son called Jessie. Alissa had been living with her […]
What constitutes fair dismissal?
Labour law emphasises that every employee has the right not to be dismissed unfairly. This law defines the meaning of dismissal and when it may lawfully occur. Substantive and procedural fairness determines whether the dismissal was fair. In terms of section 186(1) of the Labour Relations Act dismissal means that: (a) an employer has terminated a contract of employment with or without notice; (b) an employee employed […]
Basic conditions of employment
There are basic standards which are set out in the Basic Conditions of Employment Act 75 of 1997 which regulate, amongst other, the working hours that employees are permitted to work. Whether these conditions are enforced in practice, however, is uncertain. The Basic Conditions of Employment Act 75 of 1997 (BCEA) sets certain minimum standards […]
Validity of Antenuptial Contracts
One must be careful when drafting and signing an Antenuptial Contract. Aside from ensuring that the contents is all correct, one must also ensure that all the necessary provisions are contained therein to make the contract valid. The consequences of neglecting to do so may result in a marriage in community of property even though […]
Who is responsible for water leaks?
Maintenance of a sectional title scheme can appear straightforward, but the reality is that disputes arise frequently regarding maintenance issues relating to sectional title units. This is often the result of the complex relationship of close quarter living and the shared form of ownership represented by sectional titles. Making things even more complicated is the […]
Road cyclists vs. motorists
The popularity of road cycling as a competitive sport and a form of transportation is on the rise. This naturally leads to major safety concerns and serious accidents among both groups of road users. Both the National Road Traffic Act[1] and the Western Cape Provincial Road Traffic Act[2] regulate the rights of and rules for pedal cyclists […]
Annulment of a marriage
Consent is an essential element of a valid marriage and the parties to a marriage must confirm before the marriage officer during a civil ceremony that they voluntarily consent to marry each other.[1] There are certain circumstances where it can be said that consensus was not present, and this will be discussed below. Six months after […]
How important is it to read legal pleadings and/or notices?
Often people only become aware of judgements reflecting on their credit records when trying to apply for loans, cellphone contracts, etc. However, what many of them do not know, is that it is most likely due to their own negligence that they have these judgements against them. A summons is a document that informs a defendant that he or she is being sued and asserts the jurisdiction of the court to hear and determine the case. A summons can be […]
What is meant by real security?
Real security means that, on the basis of a creditor’s right against the debtor (principal debt), a creditor acquires a limited real right in the property of the debtor as security for the payment of the creditor’s right (principal debt) by the debtor. Real security differs from personal security in that a creditor does not […]
Inter-Vivos Trusts and Testamentary Trusts
Much ignorance exists regarding the use of trusts during bequests. This article will endeavour to shed some light on this important issue. An Inter-Vivos Trust is also known as a living or family trust as it is set up during your lifetime. A trust is the ideal long term structure with which to protect assets […]