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Legal Articles

From monthly archives: February 2022

We are pleased to present below all posts archived in 'February 2022'. If you still can't find what you are looking for, try using the search box.

What Can You Claim From RAF

The Road Accident Fund (RAF) is a creature of statute being the Road Accident Fund Act 56 of 1996 [as amended] (hereinafter referred to as the Act). The object of the RAF is to ‘pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle.’

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Trustees And Personal Liability

Some might have heard of the term ultra vires, which is a Latin phrase loosely translated to ‘without authority’ or ‘beyond powers.’ This phrase is often used in company law litigation, to describe situations where the directors or functionaries of a company make decisions with the intention to bind the company, albeit without authority. This is where the turquand rule was codified in sections 20 (7) and 20 (8) of the Companies Act of 2008, to protect innocent third parties who contract under the impression that the internal requirements have been complied with by the Directors or agents. In this article we will talk about personal liability of Trustees, which goes beyond mere acting without authority.

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Does SEC 3(1)(b) Of The RCMA Act Against Legal Certainty? - Part II

In our previous discussion on this topic, we noted that the Recognition of Customary Marriages Act 120 of 1998 (the Act) [as amended] was promulgated to formalize customary marriages in South Africa. These are marriages concluded according to the customary laws of the vast indigenous cultures in South Africa. That being the case, we noted that this could have been the key reason why section 3(1)(b) of the Act was phrased in the way it is.

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Who Can Claim From The RAF - Well, Not Everyone

Towards the end of November last year, someone randomly posted on the popular social media platform Facebook the following, “Guys please advise me, if a car hits me later today when I walk to the football game, will RAF pay me before Christmas?” Of course, the post was meant as a joke but it attracted less humour chiefly because road accidents often result in loss of lives, damages, court lawsuits and life-threatening injuries. Many people will not find it humorous especially with some having lost their loved ones due to road accidents.

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Drum Roll For The PPA - A New Dawn in Property

The Property Practitioners Act 22 of 2019 (PPA) came into effect on 1 February 2022, bringing some significant changes in the regulation of the property sector. In this article we will share some of these developments.

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Debunking Some Myths On The Piths Of Customary Marriages - Part II

This is the second part in this series wherein we debunk some myths on customary marriages. There are a lot of myths and opinions in public discourse with regards to principles surrounding customary marriages. In South Africa we have a concept referred to as ‘living customary law’ which denotes, recognises and is awake to the changing requirements, rules and aspirations of indigenous peoples and the communities in which they live in. Customary practices change over time, what is accepted as custom is susceptible to change as well, hence the term ‘living.’ In this second series of this discussion, we will debunk some myths and share insights with regard to customary marriages.

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Debunking Some Myths On The Piths Of Customary Marriages - Part I

From our experience, we have discovered that there is quite a number of couples whom the law recognizes as married under customary law, whereas the couples consider themselves not. It comes as a shock when they are eventually advised that in fact the law recognizes them as married. Most often this happens where families conduct indigenous customary marriage rites in anticipation of a “white” wedding at a later stage. In this discussion we will debunk some myths and share insights with regard to customary marriages.

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When Co-Executors Lock Horns

A difference in opinion is sometimes inevitable whenever a decision has to be made jointly amongst a group of people, and often at times this results in confrontations and disputes. In some instances, these disagreements often have to be resolved before the Courts or by any other dispute resolution process available. In most contracts even, parties usually provide for a dispute resolution process should a dispute arise during the currency of the agreement. What happens when, during the administration of a deceased estate, the co-executors do not agree with each other?

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Does SEC 3(1)(b) Of The RCMA Act Against Legal Certainty? - Part I

The Recognition of Customary Marriages Act 120 of 1998 sought to formalize and attach legal effect to customary marriages in South Africa, as well as to bring certainty on how such marriages can achieve formal status. Indigenous customs in South Africa are so vast that it would have been difficult to harmonize all of them into one single accepted code. This is evident from the wording of section 3(1)(b) of the Act. The question then becomes, does this pull against legal certainty? 

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Proprietary Rights For Women In Customary Marriages

The regulation of customary marriages in South Africa has come a long way, and continues to be on a path of continuous development. Indeed, societal norms and aspirations evolve with time, rendering the necessity for certain rules and principles to adapt to the changing needs of that particular society. In fact, in the landmark case of Gumede v President of the Republic of South Africa [2008] ZACC 23 the Court stated that, 

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