On the 30 November 2016 the Constitutional Court dismissed an application for leave to appeal an order of the Pretoria High Court, concerning the intestate succession rights of unmarried same-sex partners in a permanent same-sex partnership, with r ...
MANAGING DIRECTOR’S MESSAGE
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I take this opportunity to thank our valued clients whose continued patronage and confidence in our services inspire our firm and its attorneys to provide accurate and professional legal support in relation to any legal transaction that have been pla ...
INCIDENTAL CREDIT AGREEMENTS: DEMYSTIFYING THE NATIONAL CREDIT ACT 34 OF 2005 (THE “NCA”)
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The quagmire of the NCA The NCA was promulgated primarily with the intention of regulating the credit industry, as well as ensuring the protection of consumers in accessing credit. However, despite the laudable intention of the legislature, the NCA ...
“PSSSSSST… HAVE YOU CONSIDERED MEDIATION”?
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Mediation is a process in which parties to a dispute endeavour to reach a settlement though negotiations facilitated by an independent third party (the ‘mediator’). Through these facilitated negotiations, the mediator assists the parties in identifyi ...
THE ADVENT OF THE THIRD GENERATION SECTIONAL TITLE LEGISLATION – IMPLICATIONS FOR OWNERS
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Background to Sectional Title Property: The South Africa legislature has recognised the need for a regulatory regime governing the vertical ownership of property. Prior to 1971, our law only recognised the ownership of land per the Roman Dutch pri ...
COFFEE WITH ASHLEY ADRIAANS
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“Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.” — Steve Jobs - My favourite part of being a attorney is ...
HOW IMPORTANT IS IT TO READ LEGAL PLEADINGS AND/OR NOTICES?
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Often people only become aware of judgements reflecting on their credit records when trying to apply for loans, cellphone contracts, etc. However, what many of them do not know, is that it is most likely due to their own negligence that they have the ...
ANNULMENT OF A MARRIAGE
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Consent is an essential element of a valid marriage and the parties to a marriage must confirm before the marriage officer during a civil ceremony that they voluntarily consent to marry each other. There are certain circumstances where it can be said ...
WHEN DOES A CLAIM PRESCRIBE?
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When does a claim prescribe? The issue of the legal nature of a vindicatory claim and whether it gives rise to a debt that is subject to the three year extinctive prescription period has been decided differently by different divisions of the High Co ...
DO’S AND DONT’S OF SURETYSHIP
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On 29 May 2015, in the case of Dormell Properties 282 CC v Bamberger, the Supreme Court of Appeal (SCA) set out the importance of, firstly, expressly pleading a suretyship clause in a plaintiff’s particulars of claim and, secondly, ensuring that the ...