Explore the Johannesburg High Court’s transformative ruling in Van Wyk And Others v Minister Of Employment And Labour, revolutionizing parental leave entitlements in South Africa to promote equality and recognize diverse parental roles.
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Understanding Dual Jurisdiction: The Case of Malvern Trading CC vs. ABSA Bank Ltd
Examine the Gauteng High Court’s decision in Malvern Trading CC vs. ABSA Bank Ltd, highlighting the dual jurisdiction principle for close corporations and its alignment with constitutional rights under South African law.
Can a Solvent Company be Wound Up by a Minority Shareholder? Insights from the Dreyer vs Afristat Investment Holdings Case
Delve into the Dreyer vs Afristat Investment Holdings [2024] ZAGPPHC142 judgment, a case from the North Gauteng High Court on winding up solvent companies amid allegations of fraud and mismanagement. Discover how this ruling emphasizes the stringent criteria under Section 81 of the Companies Act, safeguarding economic stability and shareholder rights.
Is Sibling Rivalry Enough to Warrant the Winding Up of Family Businesses?
Explore the decision in ‘Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022) [2024] ZAGPPHC 15,’ where the North Gauteng High Court addresses the intriguing dilemma of sibling rivalry within family businesses. This blog post delves into the application of Section 81 of the Companies Act, analyzing the ‘just and equitable’ grounds for winding up solvent family-owned entities amid disputes. Uncover the legal insights and implications of this case for family-run corporations, highlighting the court’s approach to trust, cooperation, and the deadlock principle in familial business disputes.
Role of Financial Differences in Determining Legal Costs in Divorce Cases
This case highlights the judicial approach in balancing the rights of both parents, focusing on the child’s welfare and best interests as per South African law. Gain insights into the factors influencing court decisions in international relocation cases, the role of financial responsibilities, and the impact on parent-child relationship
Analyzing Parental Rights in International Child Relocation: A Look at T.R v S.M (035901/2023)
Examine the case of T.R v S.M (035901/2023) [2024] from the Gauteng Local Division of the High Court, Johannesburg, examining the complex issue of a custodial parent’s international relocation with a child. This pivotal case highlights the judicial approach in balancing the rights of both parents, focusing on the child’s welfare and best interests as per South African law. Gain insights into the factors influencing court decisions in international relocation cases, the role of financial responsibilities, and the impact on parent-child relationships.
Does the Right to Dignity Extend to Spousal Maintenance in Divorce Proceedings? Insights from K.A.E v W.N.E (58415/2021)
Explore the South Gauteng High Court case K.A.E v W.N.E (58415/2021) regarding interim spousal maintenance and legal cost contributions in divorce proceedings. Uncover the complexities of balancing legal duties and the right to dignity post-separation, as the court addresses the financial disparities between a biokineticist and her engineer/businessman husband. Key insights into spousal support, constitutional rights, and equality in litigation are revealed in this comprehensive analysis.
Is a Customary Marriage Valid in the Presence of a Prior Civil Marriage? Insights from Mavundla v Mthethwa N.O. & Others
Explore the legal complexities of concurrent matrimonial unions in South African law through the lens of the Mavundla v Mthethwa N.O. and Others case. This insightful article delves into the KwaZulu-Natal High Court’s analysis on the validity of a customary marriage in the presence of an existing civil marriage, under the Recognition of Customary Marriages Act. Understand the court’s reasoning, key legal provisions, and the final judgment in this pivotal case.
Does a Lifetime of Shared Assets and Commitment Constitute a Universal Partnership in Law? Insights from a South African High Court Ruling
Delve into the South African High Court ruling in the case of LL vs. CH N.O., exploring the legal recognition of universal partnerships outside marriage. This insightful analysis examines the case where shared assets and commitments between individuals were scrutinized to determine the existence of a universal partnership. Uncover the court’s critical findings and their implications on relationships and asset division in modern legal contexts.
Is a Surety’s Liability Limited to the Initial Credit Agreement? Insights from Actisol 145 CC v Seryt Tyres
Gain critical insights from the Gauteng High Court case, Actisol 145 CC v Seryt Tyres, addressing the extent of a surety’s liability in credit agreements. This pivotal judgment, led by Judge Nkutha-Nkontwana, explores whether a surety’s obligation is confined to the initial credit limit or extends to the actual debt incurred. Uncover the legal intricacies, the court’s decision, and its implications for sureties in business credit facilities
The Recognition of Customary Marriages and Posthumous Registration: A Legal Analysis
Explore the Pretoria High Court case of TPK v The Minister of Home Affairs (Case No: 052246/2023) which addresses the pivotal issue of posthumous registration of customary marriages under the Recognition of Customary Marriages Act 120 of 1998. Delve into the legal nuances, court’s reasoning, and the implications of this landmark judgment for customary marriage registration and recognition in South Africa
Does a Debt Review Order End with the Death of a Consumer? Insights from First Rand Bank v Du Toit N.O and Another
Introduction In the recent case of First Rand Bank v Du Toit N.O and Another (1162/2023) [2023] ZAFSHC 498 (18 December 2023), the High Court of South Africa, Free State Division, Bloemfontein, addressed a pivotal question: does a debt review order terminate upon the...