Exemption clauses

Much has changed in the legal landscape surrounding exemption clauses from when the landmark case of Durban’s Water Wonderland (Pty) Ltd v Botha 1999 1 SA 982 (SCA) was decided. In that case, the court had to decide on the enforceability of a disclaimer notice when the plaintiff and her daughter were flung from a […]

Privacy rights on Facebook – SA

Privacy rights in SA – Facebook Please see below for an important case dealing with the question whether an aggrieved party has a right to privacy when evidence about him has been obtained unlawfully obtained from Facebook. Feel free to share it with your colleagues and clients who might find it of interest. You are […]

Privacy rights on Facebook – SA

Privacy rights in SA – Facebook Please see below for an important case dealing with the question whether an aggrieved party has a right to privacy when evidence about him has been obtained unlawfully obtained from Facebook. Feel free to share it with your colleagues and clients who might find it of interest. You are […]

Deceased estates – disputes

disputes over a deceased relative’s estate 22 May 2018   If someone leaves a sizeable estate behind, it may cause conflict among the possible heirs. The help of an attorney, when settling an estate after a death, can avoid unnecessary troubles. The Administration of Estates Act, 1965, determines what must happen with an estate after […]

Trust

Trust “My wife and I are discussing providing for the creation of a testamentary trust in our will to take care of our minor children upon our untimely death. I’m worried though that if we establish a trust, it may be too rigid to deal with the changing circumstances of our children. Can the trust […]

Expropiation of land

The ANC national conference decided its National Executive Committee (NEC) would start the process towards a constitutional amendment of Section 25, or the Constitution’s property clause, to make possible land redistribution without compensation. There is a carefully phrased and potentially crucial rider: a sustainability test to ensure such redistribution does not negatively impact on the […]