Thinking about death can be scary. Thinking about your sudden death when you have children is even scarier. This is a scenario no parent wants to think of, but passing away without a will in place can have dire consequences for your loved ones, especially your minor children. Having a will in place could spare […]

When the Protection of Personal Information Act (POPIA) came into effect on 1 July 2021, there were some areas of possible dispute that could arise between employers and employees, including the monitoring of employee’s work emails. In South Africa, the right to privacy, especially in the workplace, isn’t as absolute as you might think. It […]

The Divorce Act determines that a member’s pension interest in a retirement fund forms part of the member’s assets.  A retirement fund includes a pension fund, provident fund, retirement annuity fund or preservation fund. The effect of this is that it will be taken into account when calculating the division of the parties’ assets during […]

What defines Drunk and Driving? Section 65 of the National Road Traffic Act 93 of 1996 (hereinafter referred to as “The Act”) defines driving under the influence under two scenarios: Driving while under the influence of intoxicating liquor or a drug having a narcotic effect, or with an excessive amount of alcohol in blood or […]

In South Africa, the rights and dignity of the individual has been expanded in line with international norms on the scourge that has come to be known as “revenge porn”. The Films and Publications Amendment Act of 2019 has criminalised knowingly distributing private images and footage of sexual and/or compromising nature of a person without […]

In the article Road rage and reasoning about responsibility SACJ (2001) 14, Shannon Hoctor of the University of Port Elizabeth, describes road rage in the following manner at 195: "Whilst the exact ambit of the term is rendered somewhat vague by misuse, it is clear that road rage is a product of the confluence of […]

During the COVID-19 pandemic, many employees faced retrenchment. In this article, we discuss: When can employees be retrenched? What is a fair procedure for retrenchment? Will I get paid if I am retrenched? What can I do if I have been unfairly retrenched? ALSO READ: The effect of COVID-19 on South African employers and employees […]

What is a customary marriage? A customary marriage is a marriage entered into in accordance with the traditions, customs and culture of indigenous African people in South Africa, and is recognised by the Recognition of Certain Customary Marriages Act 120 of 1998 (hereinafter “the RMCA”) that came into operation on the 15th of November 2000. […]

In these unprecedented times, our offices have had numerous clients contacting us regarding the position and options for both employers and employees due to the lockdown, which was imposed on Thursday 26 March 2020 at midnight. One of the relationships greatly affected by this lockdown, is the employer-employee relationship. It is of great importance that […]

Do parents have a duty to pay maintenance for their children after they have reached the age of majority, but still cannot support themselves? In short, yes. LEGISLATION In terms of section 18(2)(d) of the Children’s Act 38 of 2005 (hereinafter referred to as “the Act”) parents have a responsibility to contribute to the maintenance […]