Legal Articles and Guides

How the family property will be divided up depends on what property regime the couple adopted when they got married. This will usually be covered in the ante-nuptial agreement if there is one or, if there is no pre-marital contract, then it is determined by law. The default legal position is that civil marriages are in community of property. This means that everything that you own is shared, including property and debts. Accrual means that everything that you earn or buy after you have married also becomes part of the joint estate. If you get divorced, the shared property is divided equally between you. Any debts are also shared.

The new National Credit Act of South Africa came into affect in 2007, and has compelled the banks to ensure that their mortgage clients do not over extend their credit limit. Previously, the bond repayments were not to exceed 30% of their proven dependable income. The new act will now make the banks legally responsible for checking the applicant's full credit situation. On bond application, clients will be asked to declare their income as well as their expenses.

Does your company provide credit facilities to consumers? Is your company registered with the National Credit Regulator as a Registered Credit Provider? It is important to note that the exemption from the requirement to register as credit provider does not mean that the National Credit Act does not apply.

Drunk Driving is one of the biggest threats to Road Safety in South Africa. Research indicates that 50% of people who die on the roads have a blood alcohol concentration above 0.05 gram per 100 millilitres. The National Road Traffic Act (NRTA), Act 93 of 1996 as amended. Section 65: Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with excessive amount of alcohol in blood or breath: 1. No person shall on a public road - (a) drive a vehicle; or (b) occupy the driver's seat of a motor vehicle the engine of which is running, while under the influence of intoxicating liquor or a drug having a narcotic effect. But what are the limits ???

The Law Society of South Africa promotes the substantive transformation of the legal profession through its leadership role; represents and promotes the common interests of the profession, having regard at all times to the broader interests of the public, whom the profession serves; empowers the profession by providing training to candidate attorneys and continuing professional development to attorneys to ensure quality legal service to the community in an ethical, professional, competent and caring manner.

Under the Companies Act of South Africa(1973) there are many grounds available to creditors and/or members of a company or close corporation to launch liquidation proceedings. Normally liquidation proceedings will be launched by a creditor of a company or close corporation because that company or close corporation is unable to effect payment of a debt due and owing to the creditor. In that instance, the creditor can apply to Court for the liquidation of that South African company or close corporation.