The Recognition of Customary Marriages Act, 120 of 1998 (“the Act”) prescribes the formalities that need to be complied with in order for a customary marriage to be valid. Section 4(3) of the Act provides for customary marriages to be registered within a stipulated time period. However, failure to register a customary marriage does not affect its validity. Many customary marriages, [...]
Fake news has caused mass panic in these times of global crisis. It not only makes people believe false things, but also makes them less likely to accept or consume accurate information. On 18 March 2020, government gazette no. 43107 issued regulations in terms of section 27(2) of the Disaster Management Act, 2002. These regulations deal specifically with the Covid [...]
In last night’s update on the Covid-19 pandemic, South Africa’s President Cyril Ramaphosa announced that “Using mobile technology, an extensive tracing system will be rapidly deployed to trace those who have been in contact with confirmed coronavirus cases and to monitor the geographical location of new cases in real time.” You may ask: What about my right to privacy? What [...]
Force majeure refers to a clause that is included in contracts to indemnify against liability for natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations.[1] In the case of Rumdel Cape and Others v South Africa Roads Agency Soc Ltd & Others[2], the Supreme Court of Appeal defined the force majeure as [...]
Section 34 of the Insolvency Act, 24 of 1936 provides for a trader[1] to publish a notice of intended disposition[2] (“notice”) of a business before the intended sale. Purpose of section 34 of the Insolvency Act The purpose of this provision is to prevent sellers from disposing of businesses when they are in financial difficulties and spending the proceeds from [...]
With the South African unemployment rate at its peak, some phony recruitment agencies are exploiting the jobseekers and taking the little that they have towards their search of employment. The unemployment rate in South Africa has increased to 29% in the second quarter of 2019 from 27.6% in the previous period.[1] You may directly or indirectly have been adversely affected [...]
A dress code is a set of rules, often written, with regards to clothing.[1] There was a recent incident where a customer was refused entry into a reputable store merely because of how she was dressed. But, do you, as a customer, ever glance at or read the store’s policy upon entry? Do customers have to adhere to the store’s [...]
I recently had an interview with Ligwalagwala FM on the dangers of posting nude photographs of children online. Who is considered a child in South Africa? Section 18 of the Children’s Act, 2005 provides that a child is anyone under the age of 18 years old. A child becomes a major / adult upon reaching the age of 18. Posting nude photographs of [...]
Included in the Labour Laws Amendment Act, 2018 (LLA) is the provision for parental, adoption and commissioning parental leave to employees, amendment of the Unemployment Insurance Act, 2001 so as to provide for the right to claim parental and commissioning parental benefits from the Unemployment Insurance Fund and for the application for, and the payment of, parental and commissioning parental [...]
Earthlife Africa - Johannesburg and another Non-Governmental Organisaton challenged the Minister of Energy and others in the Western Cape High Court on the various steps taken with regard to South Africa’s nuclear power procurement programme. The applicants in the case challenged the steps made by the Minister of Energy in 2013 and 2016, in terms of section 34 of the [...]
