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
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 of community of property with or without the inclusion of the accrual system. However, recent court interventions in the division of assets during divorce have raised questions about the certainty of spouses' preferred regime. The Constitutional Court's recent judgment in KG v Minister of Home Affairs and Others has set...
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 signed petitions. Their battle cry, "Wathint' Umfazi, Wathint' Imbokodo," became a symbol of women's strength. However, despite progress, South Africa still faces high rates of femicide, highlighting the ongoing challenges to achieve gender equality. “ Click Here to read the full article by Thabelo ManenzheMaponya
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How to properly exercise the Cancellation Clause
Inevitably an Attorney is expected to be apt at drafting and overseeing their client’s day to day documents. In a country like South Africa, where there is an impetus on reviving the entrepreneurial spirit of its citizens to achieve economic growth, the majority of the documents you are mostly likely to encounter as an Attorney are contracts and accordingly an Attorney ought to know his or her way around a contract. “ Click Here to read the full article by Nape MasipaMaponya
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South Africa: Genetic-link requirement for surrogacy, surrogate cannot carry a baby without the genes of at least one parent
The first applicant was a 56 year old single woman who has been trying for 14 years to conceive a child of her own. Between 2001 and 2011, she underwent 18 unsuccessful rounds of In-vitro fertilization (IVF) and two miscarriages. She was advised to consider surrogacy as a next option. As her eggs that were donated for the IVF process were no longer viable and as she had no partner to contribute sperm she was then informed that she could not legally enter into a surrogacy agreement due to the restriction set out in section 294 of the Children’s Act....
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WORLD CUP CHAMPS 2019 BUT SOMEHOW SO MUCH MORE
The euphoria of lifting the Webb Ellis Trophy for a 3rd time, is almost impossible to describe. Francois Pienaar, Captain of the victorious ’95 squad, said that this 2019 win is bigger than the 1995 win. This win comes at a time that South Africans needs a break from the overwhelming, dire situation in South Africa. 2 November 2019 all in the world was well. “ Click Here to read the full article by Anzelle GrieselMaponya