Ensuring Protection For Minor Children
On the 8th of January 2022, Jamilah was brutally beaten, stabbed and ultimately murdered by the accused. Not only was the life of Jamilah tragically ended, this all happened in the presence of her children. In pursuit of BDK’s pro bono endeavours for the Van Staden family, Director Amorette Gangel and Katia Dias have successfully […]
Is there any (Administrative) Justice in Procurement Processes?
Ulrich Kruger – Director It goes without saying that every improper performance of an administrative function would implicate the Constitution and entitle the aggrieved party to appropriate relief. An appropriate remedy would be to pre-empt or correct or reverse an improper administrative function, with the ultimate purpose being to afford the prejudiced party administrative justice. […]
ROAD FREIGHT EMPLOYMENT CONTRACTS AND THE NATIONAL BARGAINING COUNCIL: Dire civil and criminal consequences for non-compliance
All businesses associated with the transportation of goods by means of motor transport for hire or reward are affected by the agreements made by the NBCRFLI…
CUSTOMARY MARRIAGES – DIVORCE AND REMARRIAGE
In terms of Section 8 of the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) (“the Act”) a customary marriage may only be dissolved by a Court by a decree of divorce…
Davis Judgement – To Claim or Not to Claim for Damages – the Question on everyone’s lips
On the 2nd of June, 2020, Judge Norman Davis afforded the Minister of Cooperation and Traditional Affairs to review, amend and republish the lockdown regulations (save for regulations 36, 38, 39(2)(d) and (e) and 41) after declaring the remainder of the regulations published, unconstitutional and invalid…
Judicial Overreach? – Unconstitutionality of State of Disaster Regulations per Judge Norman Davis in the De Beer matter
There is a widely held perception that many of the Regulations enacted by the Government in terms of the Disaster Management Act are not based on rational considerations relating to curbing the spread of COVID-19 and saving lives while preserving livelihood…
COMPANIES IN FINANCIAL DISTRESS – BUSINESS RESCUE PROCEEDINGS AND THE POSSIBLE CRIMINAL AND CIVIL PITFALLS OF NOT ACTING TIMEOUSLY AND WISELY
Whilst waiting to see what the exact consequences of Covid-19 are going to be, directors of companies should continue to remain aware of their legal duties and liabilities which they have towards their company…
Post-Nuptial Agreements – Valid or Invalid?
Today, the Constitutional Court dismissed an application by an appellant who sought to have a postnuptial agreement, which was entered into between a married couple during the course of their marriage and not sanctioned by Court, declared valid…
Maintenance – Time to Revisit your Maintenance Obligations
There can be no doubt that this National Lockdown has created many uncertainties regarding the do’s and don’ts of maintenance…
