Constitutional Law – Maponya Attorneys

What is the Definition of ‘A Calendar Year’?

There are certain words and phrases that we all know, subconsciously, what their meanings are, but if we were asked to define such words or explain such phrases to a five-year-old child, we would stumble on our words. “ Click Here to read the full article by Phindulo Munyai (Attorney)Maponya

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March 4, 2024 by Maponya

In Articles , Constitutional Law , Maponya News

Understanding the Consequences of the Marriage Contract in South Africa

When entering into a contract of marriage in South Africa, it is crucial for spouses to have a clear understanding of the consequences related to the type of marital regime they choose. The South African Matrimonial Property Act recognizes two types of marital regimes: in community of property and out...

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November 1, 2023 by Maponya

In Articles , Constitutional Law , Maponya News

Exploring “Usuku Lwabesifazane” – 67 Years Later and 29 Years into a Democratic South Africa.

During the apartheid era, South Africa enforced discriminatory laws, including "pass laws" that restricted the movement of black men. The government aimed to extend these laws to black women, leading to a massive protest in 1956. Around 20,000 women marched to the Union Buildings in Pretoria, displaying discipline and leaving...

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September 8, 2023 by Maponya

In Company Law , Constitutional Law , Maponya News

Removal of Directors: Does it constitute dismissal under the Labour Relations Act?

The Companies Act No. 71 of 2008 (‘’the Act’’) regulates the removal of directors. A director of a company may be removed as a director in terms of section(s) 71 (removal of directors) and 137(5) (effect on shareholders and directors) of the Act. Under section 71 of the Act a...

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May 15, 2019 by Maponya

In Constitutional Law

Constitutional Damages and the Life Esidemeni Decision

A claim for constitutional damages exists when a government official violates constitutional rights. This includes the right to equality, health or life etc. The awarding of constitutional damages seldom occurs in the South African legal landscape, despite our advanced constitution. “ Click Here to read the full article by Lynne KoenMaponya

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May 7, 2019 by Maponya

In Constitutional Law

Ministerial intervention

The often troublesome relationship between ministers of a state-owned entity and the Board of that entity is widely reported in South Africa. More recently media reported that the Minister of Telecommunications revealed plans to centralise control of the SABC by suggesting amendments to the Broadcasting Act to enable her to...

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August 27, 2014 by Maponya

Category: Constitutional Law