It is common practice for parties in the Republic to enter into what is called a traditional/customary marriage. In essence a customary marriage is a marriage that’s entered into in accordance with the traditions and customs of indigenous African customary law. There has recently been different views and legal cases/opinions […]
Continue ReadingMAINTENANCE AND PARENTAL RIGHTS
More than likely the most emotionally exhausting form of Court proceedings – matters relating to maintenance, and matters pertaining to parental rights, care and contact with minor children. Luckily, we offer a professional and supportive approach through such trying times. We have a prior article that canvasses the Court processes, […]
Continue ReadingTHE IMPORTANCE OF WILLS & TESTAMENTS
As we get older and begin to accumulate wealth, one needs to make a decision pertaining to the distribution of your assets upon your untimely demise – as unfortunate a topic as this may be, it is imperative that it become one that is explored. During this period of the […]
Continue ReadingRETRENCHMENTS
At certain periods of a company’s existence, it may be placed in a situation where it has to ‘release’ employees in order to sustain itself, or to create financial growth for the company. Should an employee or an employer find themselves in an inevitable retrenchment process, certain procedures must to […]
Continue ReadingCONTRACTS and DISPUTES
In everyday life people enter into agreements on a daily basis. Said agreements normally formally establish all parties’ rights and obligations pertaining to a common objective or project. An example would be an employment agreement in terms of which an employee will perform duties instructed by the employer in return […]
Continue ReadingCOMPANIES AND COMPANY REGISTRATIONS
COMPANIES AND COMPANY REGISTRATIONS In South Africa, where individuals are interested in starting their own company and have it run as a separate legal entity, it should be registered with a government body called the Companies and Intellectual Property Commission(“CIPC) formerly known as Companies and Intellectual Properties Registration Office(“CIPRO”). As […]
Continue ReadingBUSINESS RESCUE PROCEEDINGS
BUSINESS RESCUE PROCEEDINGS During this Covid-19 pandemic, there has been a lot of talk in the media dealing with companies undergoing business rescue proceedings. The automatic assumption is that the company is no longer viable and will subsequently not be a going concern, this is, however, not always the case. […]
Continue ReadingDIVORCE
During divorce proceedings, whether in the Magistrate’s Court, or High Court, there are remedies to the above problems. Rule 43 proceedings (in the High Court), and Rule 58 proceedings (in the Magistrate’s Court), are quick, and cost effective applications that can be brought – while awaiting the finalisation of the […]
Continue ReadingReferral of an Employment Dispute
Have you been dismissed by your employer, unfairly, and don’t know what options you have available to you, to remedy the unfair dismissal? We, hereunder, briefly discuss two of the routes you may take to seek the relief that you need. Bargaining Council Bargaining Councils are created in terms of […]
Continue ReadingLabour Law and Lockdown
The COVID-19 pandemic, and ensuing lockdown, has, to say the least had insurmountable repercussions, not only for individuals, businesses, and the economy, but for employer and employee relationships. Many South Africans (employees) have suffered from the following hardships: Retrenchments; Salary slashing; Commission cuts; Suspensions; Warnings; Many employers have been left […]
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