Divorce Act 70 of 1979 Archives

Prescription of maintenance orders: Judgment debt 30 years

by GilesFiles | Jan 21, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Declaratory, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Res judicata (issue estoppel), Roman Dutch law, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides “that a maintenance order shall have the effect of an order or direction of...

Adopting holistic approach: Balancing interests

by GilesFiles | Aug 25, 2020 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Private enterprises, Risks, Roman Dutch law, Topics | 0 |

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

Undemocratic era relics: Discriminatory irrational differentiation

by GilesFiles | Oct 23, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Equal outcomes, JC Froneman, Judges, Legislation, Public policy, Topics | 0 |

Holomisa v Holomisa Undemocratic era relics confronted and declared unconstitutional because they were discriminatory “This case concerns the discriminatory oddity that women married out of community of property under the...

South Africa 40 years ago: Dismissal and divorce

by GilesFiles | Apr 5, 2018 | AB - Law generally, AB1 - Fairness principle or concept, BCEA 1997 (LRL 10), Causes and defences, Conduct & capacity, Insights, Interpretation etc, Labour Relations, philosophy / economics, Protect not punish, Risks, Substance, Termination (LRL 8), Trust & confidence | 0 |

Legally the two most important human relationships were treated very differently in South Africa 40 years ago. By law is meant both the common law and legislation enacted by parliament at that time, bearing in mind that the...

May cannot mean must: when is obligation imported?

by GilesFiles | Nov 30, 2016 | 2014 and earlier, Causes and defences, Courts, Deceased judges, Judges, Jurisdiction & powers, MJD Wallis, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Words & phrases | 0 |

‘As was pointed out in the Noble & Barbour v South African Railways and Harbours 1922 AD 527 at 539 – 40, this does not involve reading the word “may” as meaning “must”. As long as the English...

Justice with fairness: Fusing common law and dismissal

by GilesFiles | Aug 26, 2016 | Anton Steenkamp, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Courts, Deceased judges, Dennis Davis, ILO Conventions, Insights, Judges, Labour Court judges, Labour Relations, LAC judges, Lawfulness & fairness, MJD Wallis, philosophy / economics, Reforms required, Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence, Work Science Institute | 1 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Dismissal sanction inappropriate: Confusing language

by GilesFiles | Oct 30, 2015 | 2015, Courts, Intolerable, Judges, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Trans Hex Group Ltd v CCMA [2016] 2 BLLR 144 (LAC) per Savage AJA [Waglay JP and Musi JA concurring] Sanction of dismissal: An employee with 16 years service was unfairly dismissed for driving a company vehicle without...

Labour law amendments: Proper approach to dismissals

by GilesFiles | Jul 26, 2011 | Insights, Labour Relations, Notice requirements, Statutes (LRL 2)-work, Termination (LRL 8), Thought Leaders, Topics | 2 |

Except where the reason for termination of employment relates to gross misconduct (material breach of contract) employers should be encouraged to adopt a holistic approach and pay notice pay, and even some form of ‘severance...

Fair dismissal explained: valid and fair reason

by GilesFiles | Jun 28, 2010 | 2015 and earlier, Balancing interests, BCEA 1997 (LRL 10), Causes and defences, Courts, ILO Conventions, Insights, Interpretation etc, Judges, Labour Relations, Landmark judgments, LRA 1995, MJD Wallis, Notice requirements, SCA judges, Topics, Trust & confidence | 0 |

It is generally understood that the Labour Relations Act 66 of 1995 [LRA], not the South African common law, determines what a fair procedure is – see Code of Good Practice (conduct and capacity) and sections 189 and 189A...

Tag: Divorce Act 70 of 1979