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Section pertaining to “surviving spouse” in Wills Act declared unconstitutional

In a landmark case handed down by the Constitutional Court on Friday 29 June 2018 in the matter of Moosa and Others v Minister of Justice and Correctional Services and Others[1], Section 2C (1) of the Wills Act 7 of 1953 (“the Wills Act”), was confirmed to be unconstitutional.…

Provided By Gildenhuys Malatji Incorporated

by Celeste du Plooy

Trust litigation – Who can institute a claim and which court has jurisdiction?

This article deals with the questions of who can institute litigation on behalf of a trust, as well as with the question of how jurisdiction...

by Brian Kahn Inc Attorneys

Domain name disputes – Amendments update

Late in 2017, an amendment to the Alternative Dispute Resolution Regulations, pertaining to the adjudication of domain name disputes, was published. The changes to the Regulations include primarily: the introduction of a mandatory mediation process prior to…

Provided By Adams & Adams

by Jani Cronje

The Brusson Scheme: Practical difficulties for ex-owners trying to implement the Constitutional Court’s decision

The decision of the Constitutional Court, in the case of ABSA Bank Limited v Moore and Another [2016] ZACC 34 has far-reaching implications and the implementation of...

by Luanne Chance and Taryn Jade Moonsamy

Analysis of the High Court’s decision to invalidate South Africa’s notice of withdrawal from the Rome Statute: why and whereto from now?

In February 2017 the High Court of South Africa Gauteng Division, Pretoria, handed down an order declaring South Africa’s notice of withdrawal from the Rome...

by Mateenah Hunter