The State Is Not Your Personal Debt Collector
Abrie van der Merwe – Associate Any attorney who regularly goes to our criminal courts would have realised in the last few months that there had been a steady increase in fraud related matters in the “normal” magistrates’ courts. This is mainly due to the fact that a decision was made in the last year […]
Urgent Court Triumph: Court Holds Opponent In Contempt
On Tuesday, 20 June 2023, the BDK Attorneys team appeared in the Urgent Court of the Johannesburg High Court. The BDK Team appeared on behalf of our client before the Honourable Acting Judge Bokako, with Jacques Peacock, the attorney on the matter, having drafted the papers. Peacock (23), an Associate with BDK Attorneys, is proof […]
Maternal Preference Rule: Towards Equality In Parental Rights?
Jacques Peacock – Associate The concept of maternal preference in family law has long been a subject of debate and contention. While the South African legal system acknowledges the crucial role that fathers can play in their children’s lives, it still falls short in granting them automatic parental responsibilities and rights. This blog post explores […]
Illegal Immigration: South African Epidemic?
Tristan Moodley – Candidate Attorney BRIEF HISTORY ON IMMIGRATION South Africa currently faces an illegal immigration issue of massive proportions. The South African government, including the Department of Home Affairs are currently inundated with cases of illegal immigrants entering the borders of South Africa without proper documentation. To combat this epidemic, the South African Government […]
How Do I Handle A Grievance Against My Employer?
Neale Quilliam – Associate In every human relationship, no matter how big or small the group is wherein a person finds themselves, but especially in the corporate world, where people from a wide range of backgrounds come together to serve the company mission and vision, the potential for conflict is always present. It is especially […]
Best Of Bester: Deportation And Escape
Jesse Hanekom – Candidate Attorney Abrie van der Merwe – Associate Thabo Bester, a convicted criminal serving his sentence at Mangaung Correctional Centre, staged his death in 2022 and thereafter fled to Arusha, Tanzania with his partner, Dr Nandipha Magudumana. The pair were believed to be illegally in the country and subsequently deported to the […]
M.M v R.A.N: Presumption Of Consent In Customary Marriages
Katia Dias – Candidate Attorney Customary marriages are marriages which are “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”. Although the promulgation of the Recognition of Customary Marriages Act 120 of 1998 (“RCMA”) has created a regulatory framework for customary unions and sets […]
Arbitration And Jurisdiction Clauses In International Commercial Contracts: Differences, Certainty And Enforcement
Contracts involving parties located in different countries include provisions relating to the choice of a particular forum for dispute resolution and identify the law to be applied. The choice of law clause is intended as a means of achieving certainty on the legal niceties applicable to the performance of the parties’ respective obligations and this […]
BDK Wins In Urgent Court Over Shoddy Warrant Of Arrest
Johan Eksteen, a Director of BDK Attorneys, alongside Advocate Abré Loubser on brief, ensured the liberty of two clients after approaching the Limpopo Division of the High Court on an urgent basis. The matter was heard on 8 March 2023. The origin of this matter dates back to July 2019, when two municipal officials of […]
Your Rights Upon Arrest: Constitutionally Protected
Rita Moodley – Candidate Attorney What are my rights upon arrest? Bail is a universally recognized process in democratic legal systems. An arrested person has the right to be released from detention if the interests of justice permit, subject to reasonable conditions, pending finalization of the case. The procedure for an application for the release […]
