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Can You Change Your Marital Regime After Marriage?

27 May 2021
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“A journey is like marriage. The certain way to be wrong is to think you control it” (John Steinbeck) One of the most important decisions you must make before you marry is what “marital regime” (“matrimonial property system”) you want to apply to your marriage. To recap, you have...

Your Website of the Month: Teamwork Tips from My Octopus Teacher

27 May 2021
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“So, you thought that My Octopus Teacher was there to teach us about cephalopods; its real message is about the value of teamwork and what we can achieve if we work together.” Read “Teamwork Tips from My Octopus Teacher” on the Catalyst website, and watch an interview with...

Landlord Liable for a Tragic “Freak” Flood Drowning

25 Apr 2021
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“Nature has the ability to spring a surprise when least expected” (extract from the judgment below) A recent High Court decision dealing with the tragic drowning of a toddler highlights once again the legal dangers faced by property owners who let out accommodation to the...

Employers: Beware the “Casual Worker” Myth!

25 Apr 2021
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Employees in South Africa enjoy strong protections under a raft of laws such as the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA) and the Employment Equity Act (EEA). Failure to comply with these Acts, whilst perhaps tempting to many employers...

Companies: Are Restraints of Trade Valid in a Time of Covid?

25 Apr 2021
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“For him to be forced out of a career of choice to start working in a different field at a time when many businesses are closing down, retrenchments and lay-offs being commonplace and individual[s] doing everything possible to survive and cope with the health and economic...

Extended: The Rights of Grieving Parents to Choose Burial After Pregnancy Loss

25 Apr 2021
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Expectant parents who lose a pregnancy before 26 weeks (the age set by the Births and Deaths Registration Act (BADRA) in its definition of “still-born”) have until now had no right to bury their foetus, which had to be incinerated as “medical waste”. That has changed with a...

Your Website of the Month: Protecting Yourself and Your Business in Flu Season 2021

25 Apr 2021
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Flu season is upon us again, and it is not to be underestimated with between 7,000 and 12,000 flu-related deaths historically reported in South Africa every season. Whether or not this year’s lockdown precautions will reduce infection levels to the same extent that they did last...

Who Gets the House on Divorce?

29 Mar 2021
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“I am a marvellous housekeeper. Every time I leave a man, I keep his house” (seven-times-divorced actress Zsa Zsa Gabor) Historically 44% of South African marriages have ended in divorce, and there has reportedly been a 20% surge in new divorce applications since lockdown. For...

Can an Employee Who Refuses Vaccination be Fired?

29 Mar 2021
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“This virus is unprecedented in our lifetime and requires an unprecedented response” (António Guterres, UN Secretary-General) Most of us will celebrate the day we are offered a COVID-19 vaccination, but here in South Africa as overseas it seems inevitable that a significant...

When Company Directors and Shareholders Come to Blows….

29 Mar 2021
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“…the mere exercise of majority shareholding voting rights does not amount to oppression…” (extract from judgment below) What happens when a company’s directors and shareholders fall out and cannot reconcile their differences?  “Relief from oppressive or prejudicial conduct”...
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