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.
RESTRAINT OF TRADE
RESTRAINT OF TRADE versus PUBLIC INTEREST? IS THIS THE TRUE QUESTION? RESTRAINT OF TRADE IN SOUTH AFRICAN LAW… AND THE PUBLIC INTEREST? In essence, a restraint of trade provision is a term in a contract of employment that (typically) provides that after termination of...
REVENGE PORN SOUTH AFRICA
REVENGE PORN IN SOUTH AFRICA - LATEST CYBER SCOURGE “Revenge Porn”, the new Social Media Pandemic? Upcoming law in South Africa. Law reform in the USA and UK has in recent years criminalized the activity known as "revenge porn" which involves the posting of intimate...
PROPERTY PRACTITIONERS
PROPERTY PRACTITIONERS ACT 22 OF 2019 NEW ‘property practitioners’ laws for SA - is it worth the paper it is written on? The ‘new’ Property Practitioner’s Act 22 of 2019 – which was recently signed into law, replacing the out of date Estate Agency Affairs Act 112 of...
PARENTING PLANS DONE EASY
Parenting Plans – seek engagement of an expert attorney for common sense approach A parenting plan is a useful collaborative contract in regard to the parenting arrangements agreed to by parents at the end of a relationship. In this instance it is also important to...
PARENTING PLAN BASICS
The Parenting Plan basics - in collaboration with an expert attorney A parenting plan is modern, useful method of enabling parents who experience difficulties to manage the rearing of their child(ren) post a divorce or uncoupling. This can be achieved with the input...
CRIMINAL LAW SCHEDULED OFFENCES
Criminal Law Scheduled Offences in South Africa Criminal Law - Extract of scheduled Criminal law offences in South Africa NO MORE TATTOED TEARDROPS™ BAILME DEFENDME SAVEME™ Schedule 1 offences include: Arson, Fraud, Forgery, Treason, Sedition Public...
BAIL APPLICATIONS ATTORNEYS
BAIL APPLICATIONS BAILME DEFENDME SAVEME™ NO MORE TATTOED TEARDROPS™ We receive numerous calls daily in regard to bail applications services, thus we furnish this brief article to assist the public in understanding the basic principles of bail applications following...
SURETYSHIP CONTRACTS
Suretyship contracts – requirements and consequences We are receiving numerous calls for assistance with suretyship contracts. This trend may be in light of the Covid-19 times and the recent up-trend for businesses and individuals seeking to operate their businesses...
MATRIMONIAL PROPERTY ACT 88 OF 1984
A marriage concluded out of community of property with an antenuptial contract by which community of property as well as community of profit and loss is excluded is subjected to the accrual system.
THE MARRIAGE ACT 25 OF 1961
The Act provides for the consolidation and amendment of the laws relating to the solemnization of marriage and matters incidental thereto.
Section 1 Definitions –
“marriage officer” – any person who is a marriage officer by virtue of the provisions of this Act.
INSTITUTION OF LEGAL PROCEEDINGS AGAINST CERTAIN ORGANS OF STATE ACT 40 OF 2002
The purpose of the Act is to regulate the prescription of and harmonize the periods of prescription of debts for which certain organs of state are liable. Furthermore, to provide for the notice requirements in connection with the institution of legal proceedings against certain organs of state in respect of the recovery of debts from the State.
HOUSING CONSUMERS PROTECTION MEASURES ACT 95 OF 1998
The purpose of the Act is to, inter alia:
Provide for the protection of housing consumers;
Provide for the establishment of the National Home Builders Registration Council.
The Act which has been amended by subsequent legislation was assented to on 02 November 1998.
THE FILMS AND PUBLICATIONS ACT NO 65 OF 1996
The Films and Publications Act 65 of 1996 (“the Act”) was enacted to provide for the regulation and control of certain films and publications by means of a system of classification and to that end to establish a Films and Publications Board (FPB) and a Films and Publications Review Board (“FPRB”).
DRUGS AND DRUG TRAFFICKING
Drugs and Drug Trafficking Act 140 of 1992
The purpose of the Act is to, inter alia, provide for the prohibition of:
the use; or
possession; or
dealing in of drugs
and of certain acts relating to the
o manufacture, or
o supply of certain substances,
o or the acquisition or conversion of the proceeds of certain crimes.
DOMESTIC VIOLENCE ACT 116 of 1998
The purpose of this act is to provide for the issuing of protection orders with regards to domestic violence and for matters connected thereto.
This Act recognise that domestic violence is a serious social evil in South Africa, leaving many vulnerable victims with ineffective remedies to protect themselves This Act maximize the protection to victims of domestic violence according to the Constitution and the rights in the Bill of Rights.
DIVORCE ACT 70 OF 1979
“Divorce Action” means an action by which a decree of divorce or other relief in connection thereto is applied for, and includes an application pendente lite for an interdict, interim maintenance order, access to minor child or payment of maintenance. It can also include an application made for a contribution towards the costs of such an application.
CONVENTIONAL PENALTIES ACT 15 OF 1962
The Act provides that any penalty stipulations in a contract shall be enforceable, in the event of breach of the contract, in any competent court. The penalty may take the form of a sum of money or delivery or performance of a thing. Liquidated damages also amount to a penalty.
CONSUMER PROTECTION ACT 68 OF 2008
The Act was signed into law on 24 April 2009. Chapters 1,5 and section 120 became into operation on 24 April 2010. The Act came into operation on 31 March 2011 and consists of seven chapters and 122 sections.
THE CIVIL UNION ACT 17 OF 2006
The purpose of this Act is for solemnization of all civil unions by either a marriage or civil partnership, the legal consequences of civil unions and to provide for matters incidental thereto.
THE CHILDREN’S ACT 38 OF 2005
The Act also creates the State’s responsibility to respect, protect, promote and fulfill the child’s Constitutional rights and the rights protected by International Human Rights instruments. Children should be integrated with their communities and families to enable them to grow up and assume their responsibilities within their communities with full development of their personality.
THE BILL OF RIGHTS TO THE CONSTITUTION OF SOUTH AFRICA
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
BANKS ACT 94 OF 1990
The Act, which has been amended on numerous occasions consists of nine chapters and various regulations thereto, and is the primary legislation governing the regulation and supervision of the activities of banks in South Africa.
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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
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Click on the social links below and get all our latest news and updates.
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