Andrew Miller and Associates

06/10/2020

Last week the Western Cape High Court declared Section 1(1) of the Intestate Succession Act unconstitutional and invalid insofar as it excludes the surviving life partner in a permanent opposite-sex life partnership from inheriting in terms of this Act. This case revolved around a couple in Camps Bay who met in 2014 and who had lived together in a loving permanent life partnership with reciprocal duties of support. The court held that "traditionally it is women who stand to suffer after years of dedication and support to the livelihood of a permanent life partnership they end up being left in the cold, stripping them of their dignity whilst the same-sex life partnership in the same boat as them stand to benefit, that is an infringement of the right to equality too of the heterosexual life partnership."

Full judgment: http://www.saflii.org/za/cases/ZAWCHC/2020/111.html

24/07/2020

https://www.dailymaverick.co.za/article/2020-07-24-anonymously-threatened-with-gang-r**e-and-murder-sa-teenager-takes-facebook-inc-to-court-to-disclose-perpetrator/?utm_campaign=snd-autopilot .tab=0

Graphic threats of gang r**e and murder from an anonymous Instagram account to a 13-year-old South African, feature as the centrepiece in a soon-to-be heard landmark court action aimed at compelling US-owned Facebook Inc to disclose the identity of the perpetrator.

23/04/2020

Contact us any time should you need assistance with the drafting of, or updating of your Will. E mail: [email protected]

The coronavirus (Covid-19) crisis means many people are considering updating their Will or drawing one up for the first time, and so fiduciary practitioners are seeing a surge in demand for Wills...

23/04/2020

Minister of Trade and Industry Ebrahim Patel said that retailers are not supposed to sell hot prepared foods, and that businesses were told this at the start of the national lockdown...

23/04/2020

During this challenging time of the novel coronavirus (Covid-19) and national lockdown, it is appropriate when considering commercial lease agreements to also consider the moral, social, ethical and economic issues...

31/10/2019

The section in the Labour Laws Amendment Act on parental benefits comes into effect soon and shall amend the relevant employment acts.

29/10/2019

Home Affairs minister Aaron Motsoaledi says that his department is working on a number of changes to South Africa’s marriage laws.

18/09/2019

A 2017 high court judgment outlawing corporal punishment in private homes has been upheld.

13/06/2019

Owning a rental property can provide a much-needed source of additional income however, they can also be a source of many a headache if not managed properly and efficiently...

13/06/2019

Under the Roman Dutch common law, marriages were ordinarily in community of property and the husband was vested with the marital power, but this was abolished by the Matrimonial Property Act...

10/04/2019

Check out the two latest judgments from the Constitutional Court!

In Kruger v NDPP, the court was asked to consider whether it was enough for a person to know that charges against him had been withdrawn in order for him to be able to institute a claim based on malicious prosecution. The majority held that this matter didn't involve a constitutional matter and dismissed the application. The minority (per Zondo DCJ, Mogoeng CJ, Jafta J and Khampepe J), took a different and interesting approach.
Judgment and summary: https://bit.ly/2Ggn8H7

In Tiekiedraai Eiendomme v Shell and Another, the court was asked to decide whether to uphold an agreement of sale on land on which a right of pre-emption was held. An email was sent in which the owner stated a wish to sell, describing the land, but not describing further terms and conditions. Did this email trigger the 30-day period in which the right of pre-emption needed to be exercised?
Judgment and summary: https://bit.ly/2UsN62H