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July 22, 2020
ELIMINATION OF DISCRIMINATION IN MARRIAGES
Earlier this year the High Court of KwaZulu-Natal issued a declaratory order declaring the provisions of section 21 (2)(a) of the Matrimonial Property Act, 1984 to be unconstitutional and calling for this to be amended to prevent unfair discrimination.
June 24, 2020
Road Accident Fund’s liability extended to reach stackers
In Road Accident Fund v Mbele (where a pedestrian who was employed as a stevedore at a multipurpose terminal died as a result of injuries sustained when a reach stacker collided into him) the Supreme Court of Appeal grappled with the issue of whether a reach stacker could be classified as a motor vehicle.
June 22, 2020
PROTECTION OF PERSONAL INFORMATION (POPI) IS HERE - ARE YOU READY?
President Cyril Ramaphosa announced that additional provisions of the Protection of Personal Information Act, 2013 (“POPI”) will come into force in July 2020 (and June 2021), giving the Information Regulator in South Africa its first real powers to protect consumers, and businesses much to get done to be fully compliant in the coming months. Since April 2014, certain provisions of POPI have been implemented on an incremental basis, including the appointment of the Chairperson of the Information Regulator in 2016, and the publication of regulations relating to POPI by the Information Regulator in December 2018.
June 7, 2020
SUPPORTING YOUR NEIGHBOUR
Before embarking on any building project which includes land excavation, it is important to understand the relevant provisions of neighbour law, which essentially means making use of your land so as not to prejudice your neighbour’s enjoyment of their own land.
June 7, 2020
CUSTOMARY v CIVIL MARRIAGES: DOES ONE INVALIDATE THE OTHER?
Many South Africans are misinformed that customary marriages are not recognised, that they ought to be converted to civil marriages to be legally enforceable or that both marriages can co-exist. There is also the belief that customary marriages do not have to be dissolved by a court of law and that a civil marriage supersedes a customary marriage. This has always been the historical approach.
June 3, 2020
LOCKDOWN REGULATIONS DECLARED INVALID – IMPLICATIONS FOR BUSINESSES
On 02 June 2020, the High Court in Pretoria declared the regulations promulgated by the Minister of Co-operation and Traditional Affairs in terms of the Disaster Management Act, 2002 unconstitutional and invalid. The Court suspended the operation of this order for a period of 14 business days (or a longer period with the Court’s permission) to allow the Minister time to consult (with other ministers) and to review, amend and republish the Regulations.
