Arbitration and mediation law relates to dispute resolution methods that allow individuals or businesses to reach a private agreement about a situation that would otherwise be litigated in court. Each process has advantages and disadvantages to consider. Arbitration fundamentals Arbitration is a part of arbitration and mediation law practised to resolve disputes where parties appear before an arbitrator, who may be a retired judge or someone with industry experience. The arbitration process is like a court case in that each side can present evidence, offer witness testimony, and make arguments ..read more

In South Africa, African couples often have a dual marriage – they have a customary wedding ceremony followed later by a white wedding in front of a marriage officer. It is a  marriage celebrated in terms of customary law and registered as a civil marriage. Couples approach me before their civil marriage to help them with an antenuptial contract (ANC). As it may be too late to conclude an ANC, I always ask them if they are not already married. The typical response is that they are not married as they have not yet registered at Home Affairs. The Recognition of Customary Marriages Act 120 o ..read more

The insurance industry in South Africa is one of the most complex and regulated industries in the country.  There are several different laws and regulations that govern the insurance industry, these include the Short-Term Insurance Act No. 53 of 1998, the Long-Term Insurance Act No. 52 of 1998, the Insurance Act No. 18 of 2017, and the Financial Sector Regulation Act No. 9 of 2017, to name a few.  The insurance sector is also made up of a number of different players, each with its own responsibilities and goals. Getting the assistance of insurance lawyers in Johannesburg, such a ..read more

A client asked what she should do about a house she and her life partner bought together. There is a bond over the property, and they are separating. They own the property 50-50 and are jointly liable to the mortgagee. The rationale for buying the property in the first place in their joint names was to share the burden of bond repayments and maintenance costs. We advised her to agree in writing with her partner to record their respective rights and obligations on what will happen with the property when they separate. In an ideal world, couples should enter into a co-ownership agreement before ..read more

In South Africa, African couples often have a dual marriage – they have a customary wedding ceremony followed later by a white wedding in front of a marriage officer. It is a  marriage celebrated in terms of customary law and registered as a civil marriage. Couples approach me before their civil marriage to help them with an antenuptial contract (ANC). As it may be too late to conclude an ANC, I always ask them if they are not already married. The typical response is that they are not married as they have not yet registered at Home Affairs. The Recognition of Customary Marriages Act 120 o ..read more

A party’s marriage was shaky, and the husband asked us if they could enter into an agreement recording their marriage’s proprietary and other consequences should it end in divorce. The husband wanted to know if a court could make the arrangement a court order. We pointed out that they would have to  apply to court in terms of section 21 of the Matrimonial Property Act to vary their matrimonial property regime. We advised them that they could not simply enter into an agreement and have it made an order of court. In the case ofCapital Profound v Guilt Food [2022] ZAMPMBHC 78 at [19]-[2 ..read more

In South Africa, African couples often have a dual marriage – they have a customary wedding ceremony followed later by a white wedding in front of a marriage officer. It is a  marriage celebrated in terms of customary law and registered as a civil marriage. Couples approach me before their civil marriage to help them with an antenuptial contract (ANC). As it may be too late to conclude an ANC, I always ask them if they are not already married. The typical response is that they are not married as they have not yet registered at Home Affairs. The Recognition of Customary Marriages Act 120 o ..read more

A party’s marriage was shaky, and the husband asked us if they could enter into an agreement recording their marriage’s proprietary and other consequences should it end in divorce. The husband wanted to know if a court could make the arrangement a court order. We pointed out that they would have to  apply to court in terms of section 21 of the Matrimonial Property Act to vary their matrimonial property regime. We advised them that they could not simply enter into an agreement and have it made an order of court. In the case ofCapital Profound v Guilt Food [2022] ZAMPMBHC 78 at [19]-[2 ..read more

The implementation of labour laws in South Africa is a relatively new development. The need arose from the imbalance of power that has traditionally been characteristic of the employment relationship throughout history. Unscrupulous employers easily exploited employees, while employers were often left with no enforceable processes to ensure a fair outcome. Employment Law is also an ever-changing arena, with new situations and circumstances constantly arising that need to be dealt with to protect each party’s rights. Johannesburg Attorneys specialising in Employment Law will help you navig ..read more

South African law does prescribe an employment retirement age. An employee’s retirement age may be agreed upon in the employee’s employment contract or contained in a policy document or retirement fund rules. Dismissal on the grounds of age is automatically unfair (and constitutes unfair discrimination), unless the employee “has reached the normal or agreed retirement age for persons employed in that capacity” (section 187(2)(b) of the Labour Relations Act, 1995). Dismissal if the parties agree upon the retirement age The employer may require the employee to retire when they reach that age. Of ..read more