Rugby Football Union’s “Headache” During the Rugby World Cup 2023
The 2023 Rugby World Cup in France is currently underway, but it is happening against the backdrop of a lawsuit that is heading to court. This legal action has been initiated by an increasing number of former rugby players in their 40s and 50s who have all received diagnoses of early onset dementia, motor neuron […]
When Is It Worthwhile to Pursue Litigation in South Africa?
Litigation can be a complex and costly process, requiring time, resources, and a thorough understanding of the legal system. For individuals and businesses in South Africa facing legal disputes, the decision to pursue litigation should not be taken lightly. In this article, we explore when it is worthwhile to pursue litigation. How strong is your […]
Navigating the amendments to the Trust Property Control Act: Beneficial ownerships in South Africa
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul was aimed at strengthening the country’s trust governance, a direct response to its greylisting status, and has significant […]
Responsibility to maintain and repair foundations and boundary walls in a Sectional Title Scheme
This article will briefly consider the definitions of common property vis-à-vis sections in terms of the Sectional Titles Schemes Management Act 8 of 2011 in order to establish who must maintain what in sectional title scheme developments. Many residential developments in South Africa are established in terms of South Africa’s sectional title scheme legislation. Residents […]
Employers of domestic workers must register with COIDA
Domestic workers are now covered under the amended Compensation for Occupational Injuries and Diseases Act 1993 (COIDA) (Act 130 of 1993) and can claim compensation for injuries or diseases sustained while on duty from the Compensation Fund. The deadline to register Domestic Workers is 30 June 2023. “Domestic Workers are the unsung heroines in […]
Factors affecting compensation for personal injury claims in South Africa
Personal injury claims are common in South Africa, and they arise from different causes such as car accidents, medical negligence, slips and falls, workplace accidents, and other incidents. These claims seek compensation for the physical, emotional, and financial damage suffered by the victim due to the wrongful conduct of the other party. However, the compensation […]
The creation methods of servitudes in South Africa
Servitudes in South Africa can be created or come into existence in multiple ways. The methods of creation, which will be discussed, include the registration thereof by way of an order of court and through legislation. A servitude can be described as a limited real right that can either provide the holder with the use […]
Nuisance: the requirements, remedies and defences
Urbanisation, and the consequent magnitude of residential estates that are becoming increasingly dense and populated, requires individuals to abide by the municipal by-laws and regulations and to take their neighbours into consideration when conducting certain activities on their properties. It occasionally happens that someone is using their property in a way that negatively affects the use and enjoyment of someone living nearby. Such […]
Grandparents’ rights over their grandchildren
There can be no doubt that grandparents, more often than not, are intimately involved in their grandchildren’s lives and upbringing, and they provide care. But what happens when they are denied access to and contact with their grandchildren? Despite the generally recognised importance of the role grandparents play in the lives of many children, not […]
Parenting coordinators and their decision-making powers
Introduction Scenario: Assuming the divorcing parties enter into a parenting plan in respect of their children which contains the following clause: “If the parties are unable to reach an agreement on any major joint decisions in respect of the children, the dispute shall be referred to the parenting coordinator who shall attempt to resolve the […]