We are so excited to announce that after nearly 10 months of being out of the office, our Managing Partner, Megan Harrington-Johnson (aka. “Mighty Mack’s Mom”), is back in the office and back to work full time! Mackenzie, who has been fighting cancer for the past 10 months is doing so well after undergoing a Bone Marrow Transplant in January, that her doctors have given Megan and her partner Bronson the all-clear to return to their offices!

We have missed Megan a lot – especially her OCD (!) and are so chuffed that she has come back just in time for the move to our new offices so that we can be sure that all pictures have been hung symmetrically!;) We are delighted at Mackenzie’s progress and we asked Megs to give us a brief breakdown of what she has been through with Mackenzie over the past year and also to provide an update as to her progress. This is what she had to say:

Where parties have lived together for an extended period in a manner that resembles a marriage, but have not formally concluded a marriage, it is often referred to as a “common law marriage”. This term however is incorrect, as no such marriage exists in South African law. In fact, the correct term applied to this situation is “cohabitation”, however this does not by itself give rise to legal rights and obligations between the parties.

Condition precedent clauses are a frequent feature in certain commercial agreements. They set out typically the events that must take place before the parties are obligated to perform. These clauses are commonly accepted as being fundamental to the enforceability of any such agreement but the Supreme Court of Appeal’s (“SCA”) findings In Noel Patrick McGrane v Cape Royale The Residence[1] reveal important factors that ought be examined in the consideration of their enforceability.

In an ever-changing digital world, most people have some form of online presence – from email, WhatsApp, Facebook and Instagram, to online banking and shopping. This dependence on computers and the internet, accelerated by the impact of the COVID-19, has left individuals, organisations and even nations increasingly at risk of being victims of cybercrime, as criminals are provided an online means to commit a diverse range of crimes from locations around the globe.

In recent years, there has been an undeniable trend that many families have chosen to emigrate from South Africa for a variety of reasons ranging from the increase in crime, to wanting a more stable political framework to superior access to education, job opportunities and healthcare.

A pressing question in law is whether unborn children have legal rights or not. This question often comes about in delictual cases where an unborn child has been harmed and is subsequently born with complications resulting from the harm. The issue that arises is then whether the harm that the child endured while still a foetus is a valid ground to claim for damages.

The Criminal Procedure Act 51 of 1977 provides strict guidelines as to when and how a person may be arrested, which include the instances where a police officer witnesses an offence being committed or where a warrant of arrest has been issued. In these instances, a police officer may arrest and detain an individual prior to bringing them before a court of law or releasing them with a warning.

For many landlords, evictions are seen as something which is next to impossible, especially in today’s socio-economic climate, however this is not always the case and evicting a non-paying tenant is not an impossible task. Landlords who are tired of having to ask the tenant for their rent that is due and payable, or having to deal with so called “nuisance” tenants do have options available to them, through the Court.

Debt review in South Africa is a legal process that restructures debt and is designed to protect consumers. Even so, it is a process that has considerable consequences and therefore must be considered cautiously.

The duty to maintain an ex-spouse, or soon-to-be, and any dependent children is based on blood relationship, adoption, or the fact that the parties are or were married to each other.

In the previous article in this series, we explored the legal nature of settlement agreements with reference to their status and enforceability in our law.

It is no secret that litigating can be a very long and arduous process. One of the major causes for delay is the severe backlogs the Judiciary faces. On 9 March 2020, Rule 41A of the Uniform Rules of Court came into effect in an attempt to alleviate these backlogs by encouraging parties to settle their disputes, rather than to engage in expensive and protracted litigation proceedings.

Getting married is not quite as simple as saying “I do”. There are many legal and financial ramifications attached to a modern marriage, and it is important to know how to navigate these waters before taking the plunge.

Cryptocurrencies such as Bitcoin, Ethereum, and Ripple act as exchange networks via which persons can affect the transfer of funds or wealth without need for oversight by a central regulatory authority, such as a bank, instead making use of peer-to-peer technology.

On 6 August 2021, the High Court of South Africa (Gauteng Division, Pretoria), in a Judgment penned by Kollapen J, dismissed a constitutional challenge to the Citizenship Act 88 of 1995 (“the Act”). This challenge was initiated by the Democratic Alliance (“the DA”) and concerned the loss of South African Citizenship through the acquisition of a second nationality.

On Thursday 5th August 2021, President Cyril Ramaphosa publicly announced some changes to the National Executive. This process has been referred to as a ‘cabinet reshuffle’. This is not the first reshuffle since the induction of President Ramaphosa, as shortly after being appointed President of the Republic of South Africa, two major changes in the National Executive occurred, one in February 2018 in which many ministers from the Zuma Administration were removed, and another in November 2018.

The arbitration clause in contracts have been a popular topic of debate and have stirred the litigation pot for some time now. An arbitration clause requires parties to a contract to resolve their disputes through an arbitration process as opposed to in-court litigation.

A year and four months into the Covid-19 pandemic, many are still unsure as to what protocols need to be followed when coming into contact with someone who has tested positive for covid. In the Labour Court Judgment, Eskort Ltd v Mogotsi and Others (LC) (unreported case no JR1644/20, 28-3-2021) (Tlhotlhalemaje J), the employee was charged for misconduct and gross negligence.

In this series of short articles, Richard Wands, the Managing Partner of HJW Attorneys, the largest firm of attorneys in Fourways, will discuss the various aspects to getting divorced, from start to finish and will also discuss important concepts related to family law in general.