The law requires that the estate of a deceased person who leaves behind ‘property’ be registered for purposes of administering the deceased’s property which forms part of his/her estate. If the deceased had a registered marriage, the estate has to be registered at the Master of the High Court. If the deceased was in unregistered …
Co-ownership or joint ownership occurs where two or more persons own the same property at the same time in undivided shares. A good example of co-ownership is where a husband and a wife (whether under a customary union or registered marriage) own the same stand, in other words both their names appear on the title …
The High Court has the power to declare a ‘marriage’ void where the grounds for doing so exist. Where there is a declaration of nullity it is as if the parties never entered into a marriage at all.
Once the parties have agreed on the essential terms of the contract, its terms are fixed in the sense that neither party may unilaterally vary them unless the original contract provides for variation. Statutorily, the Labour Act Chapter 28:01 states that one of its objectives is to promote the participation by employees in decisions affecting …
Custody refers to a person’s capacity physically to have the child with him or her and to control and supervise the child’s daily life (J. Heaton, South African Family law, page 171). The issue of custody of a minor child becomes relevant when parents are divorced, separated or living apart. When granting a decree of …
Suspension in employment law terms refers to a disciplinary related measure whereby an employee is sent away from work for a specific period of time with or without pay. Suspension may be of two kinds; it may be imposed either as a precautionary measure to enable the employer to carry out investigations pertaining to a …
A non-disclosure agreement (NDA) is a legally binding contract that establishes a confidential relationship. The party or parties signing the agreement decide that sensitive/confidential information exchanged for a particular purpose will not be made available to third parties. An NDA may also be referred to as a confidentiality agreement. A non-disclosure agreement is one of …
In a number of cases people are married customarily and their marriages are not registered hence the reference to unregistered customary union. Different legal principles apply to the sharing of property upon dissolution of an unregistered customary union. Thus, the Matrimonial Causes Act which applies to the division of property on termination of a marriage …
Sharing Of Property On Dissolution Of Unregistered Customary Union Read More »
A collective job action, commonly referred to as a ‘strike’ is a concerted industrial action resulting in cessation of work calculated to persuade or cause a party to an employment relationship to accede to a demand related to employment and it includes a strike, work boycott, lock out, sit in or sit out or any …
The first question to be asked when seeking to resolve any labour law dispute is whether the parties are indeed ‘employees’ and ‘employers’ within the meaning of the Labour Act Chapter 28:01 or the common law. If they are not, then the Labour Act and other relevant statutory instruments do not apply to them. In …
Distinguishing Between An Employee And An Independent Contractor Read More »
