Section 16 of the Deeds Registries: The SCA has clarified the legal position that waiver of right, title and interest of one’s share (in the immovable property) in the divorce settlement agreement does not vest ownership of the party’s half share in the immovable property in favour of the party to receive the said right, title and interest.
The receiving party does have a stronger right in contrast to third parties.
http://www.saflii.org/za/cases/ZASCA/2018/154.pdf
Legitimate expectation - Where a fixed contract employee participates in the application and interviews with other competing applicants for a permanent post (which s/he occupies) may generally not argue legitimate expectation for permanent appointment when the fixed contract is not renewed. (see LAC - http://www.saflii.org/za/cases/ZALAC/2020/7.html
Changes to Trust Registration Numbers : Existing Mortis Causa Trust number need to be amended and the trustees may have to apply for the amendment with the relevant Master of the High Court, see Chief Registrar’s Directive 4 of 2019… https://www.justice.gov.za/master/m_docs/2019-04_CHM-directive.pdf
Customary Marriages: Second customary marriage which was not preceded by a contract in terms of section 7(6) of Recognition Act isipso facto a marriage out of community of property with accrual. (See Mahoa AO v Legal Aid Benoni -)
(31/08/2020) Customary Marriages: SCA held that physical handover of the bride maybe waived in favour of a symbolic handing over and further accepted the view that long cohabitation raises a strong suspicion of marriage, especially when the woman’s father has taken no steps indicating that he does not so regard it. (See Tsambo V Sengadi (244/19) [2020] ZASCA 46 (30 April 2020))
Civil Procedure – Interim interdict are in general not appealable but where the interest of justice so warrant such order may be appealed against… see Old Mutual and Others v Moyo http://www.saflii.org/za/cases/ZAGPJHC/2020/1.pdf
Civil Procedure (Magistrate Court) – Jurisdiction
Special plea of lack of jurisdiction in respect of person can only be raised before close of pleading whereas special plea in respect of amount can be raised even at a later stage.(see Fairvest judgement)
