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antenuptial contract

Recognition of Customary Marriages Amendment Bill: Interim Order of the Constitutional Court becomes final

Introduction The 30th November 2019 marked the last day for Parliament to rectify the Recognition of Customary Marriages Act No. 120 1998 (“the RCMA”) in line with the Interim Order handed down by the Constitutional Court (“the CC”) in Ramuhovhi and Others v President of the Republic of South Africa and Others (CCT194/16) [2017] ZACC […]

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3D printing

Litigate once and for all – when can that be relaxed?

In order to unpack the technical principle of res judicata and when or if it can be relaxed, a definition is needed:   “The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical “bite at the cherry”. The “bite” can entail appealing through […]

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Supreme Court of Appeal Overrules High Court in Decision Over Whatsapp Message Contract

The case between Ntsieni Morris Kgopana and Mohlaki Rosina Matlala in the Supreme Court of Appeal (“the SCA”) considered whether a WhatsApp message met the requirements to be considered a valid offer to contract between the parties. The Limpopo Division of the High Court previously decided on the matter, but with the SCA being a […]

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3D printing

Damages: Breach of promise to marry

Often people are bullied to believe that the breach of a promise to marry may not only be humiliating but may also hold serious financial implications for the guilty party. It’s often said amongst people that engagement is a contract, two parties mutually reaching consensus on their lifelong commitment to marry one another. But what […]

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Labour law false allegations

Amendments to the Labour Laws Amendment Act regarding parental leave

The sections of the Labour Law Amendment Act 10 of 2018 (hereinafter referred to as “the Act”) dealing with parental, adoption, and commissioning of parental leave and related benefits came into effect on 1 November 2019. In terms of Section 26A of the Act, new fathers, adoptive parents and couples who are parents through surrogacy […]

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