7 December, 2022 In News, Noteworthy Cases & Recent Work

A Note on the AARTO Act

On 15 November 2022, the Constitutional Court heard arguments over the Administrative Adjudication of Road Traffic Offences (AARTO) Act and the AARTO Amendment Act. In January 2022, the Gauteng High Court in Pretoria ruled in…

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23 November, 2022 In News, Noteworthy Cases & Recent Work

De Wet N.O. and Others v Water’s Edge Home Association: De Kock N.O. and Another v Water’s Edge Home Association (A110/2022) [2022] ZAWCHC 155 (24 August 2022)

The Western Cape High Court recently delivered a noteworthy judgment dealing directly with the relationship between homeowners’ associations and their members. The Water’s Edge Home Owners Association (“WEHOA”) forms part of the greater association called…

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1 November, 2022 In News, Noteworthy Cases & Recent Work

Changing Tides – A Reconsideration Of Uniform Rule 46A(9) Relating to The Fixing Of A Reserve Price Of A Property Being A Primary Residence And Being Sold In Execution

A LOOK AT STANDARD BANK OF SA LTD V TCHIBAMBA AND ANOTHER (5642/2018) [2022] ZAWCHC 169 This judgment concerns the reconsideration of a reserve price fixed in an order for a Uniform Rule 46A application…

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18 October, 2022 In News, Noteworthy Cases & Recent Work

ConCourt Backs Property Owner in 14-Year Eviction Dispute

Grobler v Phillips and Others [2022] ZACC 32 This case is concerned with whether or not an eviction order should be granted. Eviction matters are a contentious issue in South Africa given that the court…

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27 September, 2022 In News, Noteworthy Cases & Recent Work

Whose line is it anyway?

Recent copyright infringement allegations rocking the music industry and the applicable law. Considering the rate at which songs are produced (approximately 22-million songs a year), it’s no surprise the industry has seen some of its…

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20 September, 2022 In News, Noteworthy Cases & Recent Work

Sperm Donor by Agreement, Father on First Contact

A look at OG and Another v CS and Another (GP) (unreported case no 32200/2020, 14-4-2021) Kollapen J’s judgment opens with a pensive extract on the subject of children, from Kahlil Gibran’s renowned work The…

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23 August, 2022 In News, Noteworthy Cases & Recent Work

To Bequeath or Not to Bequeath?

A Note on the Importance of a Will. A will is one of the most important documents a person will ever sign in their lifetime. It is the legally recognized means by which a person’s…

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17 August, 2022 In News, Noteworthy Cases & Recent Work

Wills Week (12th to 16th of Sept)

Barnaschone Attorneys will be participating in National Wills Week which is taking place from the 12th to 16th of September 2022. During Wills Week, our attorneys can assist you in drafting and preparing a standard…

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Living Wills

What is a living will? Simply put, a living will is a document that sets out a person’s express wishes with regard to decisions made in respect of themselves and/or their bodies, when such person…

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An Amendment to Section 7(3)(a) of the Divorce Act for Spouses Married Out of Community of Property

A look at Greyling v Minister of Home Affairs On 11 May 2022, the Gauteng High Court in Pretoria declared section 7(3)(a) of the Divorce Act, 70 of 1979 (“Divorce Act”) unconstitutional. Section 7(3)(a) of…

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