A customary marriage in South Africa is one that has been conducted in accordance with customary law. According to the Recognition of Customary Marriages Act 120 of 1998 (Act), these types of marriages are valid. The purpose of the Act is to uphold the legitimacy of traditional marriages and the […]
Continue ReadingConfessions as evidence in South African law
One of the most significant types of evidence in criminal justice systems around the world has traditionally been confessions. A confession is typically regarded as the strongest proof that a person has committed a crime. However, the validity of confessions has recently been called into question by psychological research. The anxiety […]
Continue ReadingBest interest of a child – Living with a parent abroad
When parents are divorced or raising their children in a co-parenting arrangement, the best interests of the child (under the age of 18) are frequently in contention. The fact that many South Africans are moving (or “emigrating”) to other states and countries in search of better employment opportunities has made this […]
Continue ReadingAlcohol and Drugs in the Workplace – Protecting the Employer
Misuse of drugs or alcohol while performing job-related duties, consuming drugs or alcohol prior to starting work, with various excuses such as “it’s from the night before” or “it’s cough mixture.” This is a dilemma that employers encounter frequently – unfortunately. Occasionally, workers would “nip out to grab a quick one” […]
Continue ReadingA BRIEF OVERVIEW ON THE SEQUESTRATION PROCESS IN SOUTH AFRICA
Sequestration is a legal process that deals with personal insolvency. The process provides a legal instrument for individuals to address their financial difficulties and manage their debts. The estate of a person is sequestrated due to the person being insolvent. This means that the person is no longer able to […]
Continue ReadingThe Protected Disclosure Act – ‘Whistle Blowers’
The Protected Disclosure Act (PDA) defines a ‘protected disclosure’ as an employee disclosing information that regards any conduct of an employer or any other employees, as morally and criminally opprobrious (which is inclusive of, but not limited to). Whistle blowers need to be protected in their work environment from being […]
Continue ReadingUnderstanding the Foundations of Contract Law
Contract law is a vital component of legal systems around the world, governing agreements and ensuring that parties uphold their obligations. We recognize the importance of understanding contract law and its implications for individuals and businesses. What is Contract Law? Contract law encompasses the rules and regulations that govern the […]
Continue ReadingCybercrimes
Internet users were relieved by the partial commencement of the new Cybercrimes Act 19 of 2020 (“Act”) on 1 December 2021, as it aims to combat and prosecute cybercrime. Cybercriminals target South Africa on a large scale due to the lack of infrastructure, legislation, security, understanding of online security and […]
Continue ReadingExpungement of criminal record
A criminal record is a record of a person’s criminal history, the aforementioned is mainly shared between countries or within the jurisdiction the country within which you reside. Criminal records may affect your ability to obtain employment in certain sectors and may restrict your ability to travel outside of the […]
Continue ReadingThe administration of deceased estates
It is heartbreaking when a loved one passes away and the winding up of their estate can be a complicated area to navigate. This article will shed some light on what a deceased estate is, how it must be reported and the process to wind up a deceased estate. 1. […]
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