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Recognition of Customary Marriages
Posted 3rd December 2008 |
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This article is a follow up to Kaya FM’s talk show hosted by Masechaba Moshoeshoe’s on Monday, 24 November 2008 where one of the guests was our own Zola Majavu, who discussed recognition of customary marriages. ........READ MORE
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Sub Judice doctrine
Posted 3rd November 2008 |
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The widely accepted definition of sub judice is that a case is currently under trial or being considered by a court of law and people, and the media at large, are generally precluded from making public statements and comments that could affect the outcome of the case. ........READ MORE
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Commentary on Judge Nicholson’s judgment: In Re; S v Zuma
Posted 20th October 2008 |
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A lot has been written about the decision of Nicholson J in the State v Jacob Zuma & another. Many have labeled the decision ‘outrageous’, out of touch with the anti-corruption climate in the country and just a temporary victory for Jacob Zuma. The NDPP was bold to say the judge acted ultra vires (beyond his powers). ........READ MORE
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Has it gone too far? Judges of the Constitutional Court violated Hlophe’s constitutional rights
Posted 9th October 2008 |
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In my previous article on this very subject I argued that there were ‘procedural flaws’ in the manner in which the Constitutional Court judges initially handled the Hlophe saga. In the said article I looked at the manner in which the Concourt’s first complaint was ‘lodged’ in the media and the second time around when it properly lodged its complaint with the Judicial Services Commission........READ MORE
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Hybrid Marriage Mindset
Posted 29th September 2008 |
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Under the colonial and apartheid dispensations, customary law marriages were subjected to discrimination and disrespect. I am distressed to learn that those who were and / or would have been the victims of such bigotry and repugnance are today perpetuating the narrow-mindedness of the colonial and apartheid rulers by denying customary marriages the acknowledgment and respect they deserve.......READ MORE |
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S v Motaung: Trial & The Aftermath (Part 3)
Posted 11th August 2008 |
Preliminaries:
The Defense team was lined up as follows;
For the Motaungs: Adv Michael Hellens SC, Adv Dirk Vetten (Junior), Messrs. Zola Majavu, Ken Siwela and Teboho Seleke.....READ MORE |
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Hybrid Marriage Mindset
Posted 29th September 2008 |
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Under the colonial and apartheid dispensations, customary law marriages were subjected to discrimination and disrespect. I am distressed to learn that those who were and / or would have been the victims of such bigotry and repugnance are today perpetuating the narrow-mindedness of the colonial and apartheid rulers by denying customary marriages the acknowledgment and respect they deserve.......READ MORE |
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S v Motaung: Trial & The Aftermath (Part 3)
Posted 11th August 2008 |
Preliminaries:
The Defense team was lined up as follows;
For the Motaungs: Adv Michael Hellens SC, Adv Dirk Vetten (Junior), Messrs. Zola Majavu, Ken Siwela and Teboho Seleke.....READ MORE |
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Open Letter to Mr Butana Khompela
Posted 29th July 2008 |
Re: A REPLY TO AN ARTICLE PUBLISHED IN THE MAIL & GUARDIAN ON 11 JULY 2008 PERTAINING TO SASCOC AND MR LEONARD CHUENE MATTER.......READ MORE |
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S v T Motaung & Others (Part 2)
Posted 21th July 2008 |
The restraint order of 5 March 2007 fundamentally changed the lives of our clients. In one day they lost all what they had worked for many years. Suddenly they had no access to their accounts and no financial institution could open new accounts with them. They were not allowed to obtain credit anywhere in the Republic. They could not travel out of the Republic as they had surrendered their passports. Bluntly put, all their material needs had to be communicated and channelled through the Curator’s office. This was of course a recipe for disaster, as it will become clearer herein.......READ MORE |
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S v T Motaung & Others
Posted 7th July 2008 |
On 19 March 2008, Magistrate Ramlal in the Specialized Commercial Crimes Court (SCCC) acquitted Mr. Thuso Motaung, Mrs. Mmamontha Motaung, Joshua Ramme and the entities attached to them on all charges they were facing. Since then our office has been inundated with questions about this case. Those who have access to our website went in so far as requesting that we post an article in the website to clarify some few aspects of the case. We reluctantly agreed to do so, hence this late publication of the article. We also had to obtain permission from the Motaungs before we proceeded with this idea......READ MORE |
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Constitutional Court v Hlophe JP
Posted 30th June 2008 |
The recent allegations by the Constitutional Court (Concourt) that two of its judges were approached by Judge President of the Cape High Court, John Hlophe, with a view to influence them to rule in favour of Mr. Jacob Zuma has left many legal scholars and practitioners out of breath.....READ MORE |
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S v Zuma, will Mr. Jacob Zuma get a fair trial
Posted 20th June 2008 |
A right to a fair trial is one of the civil liberties entrenched in our Constitution .
There is no doubt in my mind that there are numerous decisions and authorities on the subject . However, the recent criminal charges against the newly elected President of the African National Congress (ANC), Mr. Jacob Zuma, sets in motion an exciting period in the legal fraternity where, once more, the right to a fair trial will be rigorously debated....READ MORE |
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To Greener Pastures
Posted 20th June 2008 |
Ms. Odwa Makiwane joined our firm in July 2006. She had just completed her studies at the Practical Legal Training School when she approached us to serve her articles of clerkship. She was an instant attraction to the firm, with all qualities befitting an attorney and was immediately offered the articles. We affectionately called her, “OD”....READ MORE
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DRUNK DRIVERS BEWARE!!!
Posted 13th November 2006 |
There is an old cliché that says when the “going gets tough, the tough gets going”. Drunk drivers, beware!!!
The recent Supreme Court of Appeal’s (SCA) ruling that motor vehicles driven by drunken drivers may be confiscated and forfeited to the State under the Prevention Of Organized Crime Act 121 of 1988 (“the Act”) has left the would-be-drunken-drivers in a state of shock and dismay.... READ MORE |
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CUSTOMARY LAW MARRIAGES
Posted 23rd October 2006 |
The new democratic dispensation brought major legal changes and challenges in the lives of many South Africans, in particular on issues affecting marriages.
Traditionally, African marriages are preceded by lobola negotiations and where after, and for all intents and purposes, the two individuals concerned are regarded as husband and wife. There are no ‘formalities’ other than the negotiations referred above. Thus, the negotiations legitimize the marriage relationship between monna le mosadi.(man and woman)...READ MORE |
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POST – NUPTIAL (”AFTER MARRIAGE”) CHANGE OF THE MARITAL REGIME
Posted 19th September 2006 |
| As a general rule, a marriage out of community of property is concluded if the parties have signed an ANC. Conversely, in the absence of an ANC, the parties’ marriage will be deemed to be in community of property...READ MORE |
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BEWARE OF THE PITFALLS - CHOOSE YOUR MARITAL REGIME CAREFULLY
Posted 12th September 2006 |
This article was necessitated by the growing confusion primarily among most of our black client’s who are about to get married, or in some instances, after the horses had bolted. (if I may borrow a phrase).. READ MORE |
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DISCLAIMER :
Nothing in this article constitutes legal advice per-se, however it is meant to raise awareness on certain issues and also to stimulate debate amongst its readers.
Any liability that would or could arise as a result of the content of these pages is hereby excluded to the fullest extent permissible by law. It is still recommended that readers should consult fully with their attorneys or legal advisers on any aspect, as opposed to taking the contents of this and subsequent articles and publication as “legal advice” |