Bambanani Wonga

The Labour Relations Act (“LRA”) plays a pivotal role in regulating the relationship between employers and employees in many jurisdictions, particularly in South Africa. One of the critical aspects of this legislation is the concept of “date of dismissal,” which…

In South Africa, if an employee believes they have been unfairly dismissed, they can refer the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). Here’s a step-by-step guide on how to do this: Step 1: Understand the Criteria…

Evictions are a sensitive and often contentious issue in South Africa, where the legacy of apartheid continues to influence housing policies and tenant rights. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, commonly known as the…

The Matrimonial Property Act 88 of 1984 (“the Act”) regulates matrimonial property and plays a significant role in determining how assets and liabilities are dealt with between spouses. Understanding its intricacies is crucial for couples who wish to protect their…

INTRODUCTION To execute (make) a valid will, the testator must have the necessary testamentary capacity at the time of making the will. If this capacity is absent in any particular instance then the supposed will is invalid ab initio. The…

Background Since the new dawn of democracy, customary law has become an integral part of the legal system of the new dispensation, its legitimate status is evident from the various provisions of the Constitution of the Republic of South Africa,…

You now want to terminate the co-ownership. What can you do? Co-ownership indicates a situation where two or more persons own a thing (the immovable property in this instance), in undivided shares. In other words, each co-owner has the right…

Can I still enforce my rights regarding the pension interest that accrued whilst the divorce proceedings were underway? Can the terms of the settlement that has been made an order of court simply be ignored because they were made as…

Mr Ntuli, a prisoner who has been serving his 20 years sentence of imprisonment since July 2018, with the support of his family registered with the Oxbridge Academy to pursue a computer studies course. With a focus on data processing,…

On the 10th of October 2023, the Constitutional Court (“CC”) handed down what was a highly anticipated judgement following the Pretoria High Court’s order. The CC made an order declaring the provisions of section 7(3) of the Divorce Act 70…