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Initiating Divorce Action where the Defendant’s whereabouts are unknown to the Plaintiff A marriage may be dissolved by a court by a decree of divorce on the grounds of an irretrievable break-down of the marriage, mental illness or unconscious consciousness, as provided for in section 3 of the Divorce Act, 70 of 1979 (“the Act”).[1]…
In Albaraka Bank Ltd v Halaal Royal Snacks (Pty) Ltd, the court emphasized that, “there is nothing intrinsically wrong, unlawful or contrary to public policy in banking transactions being entered into according to the Sharia law[/Islamic Law].”[1] The court went on to point out that, “banking transactions according to Sharia law is a rapidly growing…
A dismissal is unfair if it is not effected for a fair reason (substantive fairness) and in accordance with a fair procedure (procedural fairness).[1] There are three grounds on which a termination of an employee might be legitimate, namely conduct, capacity and operational requirements.[2] The Code of Good Practice provides for guidelines relating to dismissals…
Following the commencement of the Companies Act 71 of 2008 (hereafter referred to as the “Act”),[1] Business Rescue Proceedings have been introduced as a mechanism to assist with the rescue and recovery of financially distressed companies in such a manner that it balances the rights and interests of all relevant stakeholders.[2] The purpose of this…
Following the commencement of the Mineral and Petroleum Resources Development Act[1] (MPRDA) in 2004, the State is now the custodian of the mineral and petroleum resources in South Africa.[2] As such, the Minister of Mineral Resources is empowered to grant prospecting rights and mining rights after certain statutory requirements have been satisfied. One such requirement…
Although not defined in the National Credit Act 34 of 2005 (the Act), nor in the Regulations thereto, “blacklisting” is a far too familiar concept to most South African consumers and businesses. “Blacklisting” can be defined as the submission of negative payment information to a registered credit bureau. (LS Crawford v JD Group Limited 2015)…
Lanham-Love Attorneys together with The High Street Auction Co, Euro Steel and Bidvest are delighted to announce their commitment to Mandela Day 2017.
Why do we Register Servitudes? Once servitude has been registered against the title deeds of a property/ies it obliges the parties to formally recognize the servitude and it allows the person to which the servitude was granted in favour of to enforce their rights. What Constitutes a Registered Servitude? The relevant parties (grantor and grantee)…
Our POPI and PAIA Seminar held on 18 November 2015 was a great success. Thank you to those of you who joined us.
Our first POPI & PAIA Compliance Seminar has sold out, due to unprecedented demand! Is your company “POPI & PAIA Compliant”?