LAW ARTICLES
We publish various law articles here from time to time in regard to our areas of specialisation for informational purposes only. Should you require legal advice for a specific legal matter, kindly contact our office to schedule a consultation.
Is new Rule 43 procedure UNCONSTITUTIONAL?
Is the New Rule 43 application procedure in South African law, unconstitutional? This is the question which we are asked so many times in recent months. The Rule 43 applications procedure in the high courts has existed for many years as a means for divorcing parties...
UNFAIR DISCRIMINATION
Unfair Discrimination in South African Law It happens very often that a client calls regarding ‘unfair discrimination’ which is believed to be occurring in various instances, such as, at sports clubs, at work in the employment context or at social venues. This article...
EXCEPTIO NON ADIMPLETI CONTRACTUS
The exceptio non adimpleti contractus is a contractual defence which can be raised in regard to reciprocal contracts. While it is classically stated that reciprocity is the cornerstone of any good relationship, it is evident that times have certainly changed. The...
FORCE MAJEURE CONTRACTS
It is clear that the legal principle of force majeure in South African law of contracts is receiving more attention as the second year of the Covid19 pandemic moves on. Essentially, force majeure in South African common law is a means of obtaining release from...
DOUBLE JEOPARDY SOUTH AFRICAN LAW
(Double Jeopardy in South African law: Don’t fool yourself – it doesn’t always apply – risks for both employers and employees) ASHLEY SLAMAT ATTORNEYS – no games, JUST LAW™ The law in regard to ‘double jeopardy’ is very complex and requires expert knowledge acquired...
SPORTS LAW – WHAT IS IT?
It is often asked, what is Sports law? Well the answer is quite elementary. Sport(s) law is the body of law which prescribes the laws pertaining to sports in general and the various aspects of business and society’s interaction with sports and sporting events. Sports...
CREDIT SECURITY FOR BUSINESS
The legal means by which business can secure credit being offered to customers is by the various legal measures providing for credit security. Typically, credit security falls into one of two legal categories, namely, real security or personal security. The former...
CONTRACTS & BUSINESS
Contracts and business - the tail wags the dog. It is said that doing business without a contract is stupid business. Never have truer words been spoken. Nonetheless, it is remarkable that in 2021 so many court cases are filed in regard to businesses not doing...
MAINTENANCE AND DOMESTIC VIOLENCE
MAINTENANCE ACT 1998 & DOMESTIC VIOLENCE ACT 1998 WITHHOLDING OF MAINTENANCE IS FINANCIAL ABUSE IS SOUTH AFRICA We receive so many calls on a daily basis for assistance with maintenance and domestic violence matters. Recently, there is a sad trend in regard to...
DAMAGES LAW?
DAMAGES LAW? WHAT DOES IT MEAN IN LAW AND HOW IS IT CALCULATED? ASHLEY SLAMAT ATTORNEYS - Success is the Only option™ Part 1 In law, damage is essentially the loss which your patrimony (or estate) suffers as a result of the wrongful and culpable conduct (an act or...
MEDIA LAW FULCRUM FOR FREE SPEECH
MEDIA LAW - THE FULCRUM FOR FREE SPEECH ASHLEY SLAMAT ATTORNEYS - no games, Just Law™ Media law is that branch of South Africa’s substantive law which deals with the various aspects of the legality of the media, also known as the press. Cursorily, media law involves...
CO-HABITATION PARTNERSHIPS
CO-HABITATION IN UNIVERSAL PARTNERSHIPS – IS IT THE BOULEVARD OF BROKEN DREAMS? ASHLEY SLAMAT ATTORNEYS - no games, Just Law™ Evidently, since our initial law article in 2011 and over the years dealing with so many matters involving co-habitation or the living...
MAINTENANCE OF SURVIVING SPOUSES
MAINTENANCE OF SURVIVING SPOUSES ACT 27 OF 1990 ASHLEY SLAMAT ATTORNEYS - Success is the Only option™ A surviving spouse has a claim against the estate of the deceased spouse for the provision of reasonable maintenance until his or her death or re-marriage, subject...
ANTENUPTIAL CONTRACT
IRON SULPHIDE - THE INTOLERABLE CRUELTY OF NO ANTENUPTIAL CONTRACT When wedding bells are in the air following a marriage proposal being accepted, and romance is the order of the day, one sometimes can forget the importance of a rock solid, watertight antenuptial...
STEP-PARENTS AND STEP-CHILDREN
Step-parents and step-children? Are their any "rights". The answer is no. Evidently, this question is becoming more prominent in the contact we are receiving from clients. Perhaps the question is being asked more frequently due to the times which we are living in or...
INTERNATIONAL MARRIAGES
International marriages – which law applies to international marriages? Marriages between persons from different countries have increased over the years and certainly in recent times. An important aspect to understand is which country’s law applies to the marriage and...
SEARCH & SEIZURE LAWS?
SEARCH & SEIZURE LAWS? WHAT CONSTITUTES A LEGAL SEARCH & SEIZURE? ASHLEY SLAMAT ATTORNEYS – no games, JUST LAW™ (PART 2 OF 2) Search & seizure laws in terms of the South African Police Service Act 68 of 1995 (PSA) In terms of section 13(6) of the PSA a...
SEARCH & SEIZURE LAWS?
WHAT CONSTITUTES A LEGAL SEARCH & SEIZURE? (PART 1 OF 2) Search and seizure in terms of the Criminal Procedure Act 51 of 1977 (CPA) In South African law the terms ‘search’ and ‘seizure’ are not clearly defined. Undoubtedly, the legalization of cannabis use and...
COUPLES MEDIATION SUCCESS
Couples mediation – is your relationship worth saving? It is said that a divorce is a post mortem of a dead marriage. Many couples find themselves in a position where it is apparent that there is no more romance or other feelings left in a relationship but one or both...
PRIVATE ARBITRATION PRIVATE MATTERS?
PRIVATE ARBITRATION FOR PRIVATE MATTERS? An interesting question in South African law is whether private arbitration should be the forum for private matters. This would typically be a question in regard to sexual harassment cases, breaches of confidentiality...
ARBITRATION CLAUSE DISPUTES
ARBITRATION CLAUSE DISPUTES ARBITRATION – WHEN IS A DISPUTE ARBITRABLE? It seems that many parties do not know when a dispute is arbitrable. This article is provided as insight into this elementary issue which vexes so many. Bridging dispute resolution disputes is...
PRIVATE v CCMA ARBITRATION?
PRIVATE v CCMA ARBITRATION? EXPERT LABOUR LITIGATION IS THE KEY TO SUCCESS LABOUR LAW PRIVATE ARBITRATION v CCMA ARBITRATION - KNOW YOUR GAME The Labour Court adjudicated a case in regard to whether or not the CCMA lacked jurisdiction to entertain an unfair...
MEDIATION RULE 41A SERVICE
Mediation & Rule 41A of the Rules of the High Court Rule 41A, in effect since 09 March 2020, has placed mediation at the forefront of the high court legal procedure. However, it is still not compulsory and sensibly so. High Court litigation requires the services...
MEDIATION SERVICES
MEDIATION SERVICES AND UNDERSTANDING THE REALITIES We receive numerous calls from clients requiring mediation assistance in regard to a variety of legal matters. These include: Family law, child maintenance, child custody, emigration matters, divorces, parenting...
SEXUAL OFFENCES LAW PASSED
SEXUAL OFFENCES LAW REFORM – LEGISLATION PASSED Following on from the Constitutional Court decision in the case of Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others 2018 ZACC 16, and the passing of the Prescription in Civil and Criminal...
SEXUAL OFFENCES LAWS REFORM
SEXUAL OFFENCES LAWS STATUTE OF LIMITATIONS REMOVED FOR PROSECUTION OF SEXUAL OFFENCES The Constitutional Court took a step in the right direction in the reform of sexual offences laws in the case of Levenstein and Others v Estate of the Late Sidney Lewis Frankel and...
CLAIMING CHILD MAINTENANCE OR CHILD SUPPORT
Claiming Child Maintenance or Child Support – your right to have legal representation By law a child is entitled to reasonable maintenance for essential needs such as food, clothing, housing, education and medical care. Section 28 of the Bill of Rights in the South...
DOMESTIC VIOLENCE PROTECTION
DOMESTIC VIOLENCE PROTECTION – ENFORCING YOUR RIGHT NOT TO BE ABUSED We receive so many calls on a daily basis for assistance with domestic violence matters. Many people still regard domestic violence as a private matter and are embarrassed to institute legal...
FRUIT OF THE POISONOUS TREE & THE EXCLUSIONARY RULE
Fruit of the Poisonous Tree Exclusionary Rule: What is the meaning of “Fruit of the Poisonous Tree” in Criminal Proceedings? Why is Section 35(5) a fundamental constitutional right in criminal law? The “fruit of the poisonous tree” doctrine prohibits the State from...
AARTO AMENDMENT ACT 4 OF 2019 – DEMERIT SYSTEM & MOTORISTS RIGHTS
The AARTO Amendment Act 4 of 2019 - how the Demerit System may impact South African motorists? Important amendments to the Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (as amended) were signed into law in August 2019. These amendments to the...
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AA SLAMAT - Attorney-at-Law
B.COM (Law & Economics), LL.B. (Mercantile Law), LL.M.
(Commercial Contracts & Commercial Law), RPE 2004 (South African Institute of Financial Markets)
Email: asl@slamatlaw.co.za | Tel: +27 (0)10 300 0883 | (0)11 568 6099
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CONTACT US
AA SLAMAT - Attorney-at-Law
B.COM (Law & Economics), LL.B. (Mercantile Law), LL.M. (Commercial Contracts & Commercial Law), RPE 2004 (South African Institute of Financial Markets)
Email: asl@slamatlaw.co.za
Tel: +27 (0)10 300 0883 | (0)11 568 609
FOLLOW US
Click on the social links below and get all our latest news and updates.
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