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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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Search and 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...
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Search and 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...
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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...
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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...
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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...
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Private vs 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...
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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...
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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...
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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...
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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...
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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,...
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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...
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