THE NEW MARRIAGE BILL: WHAT IT MEANS FOR YOU
AUTHOR: ADRIENNE OLIVER PUBLICATION DATE: SEPTEMBER 18, 2025 The new Marriage Bill, which is currently under consideration in the National Assembly, is set to modernise South Africa’s marriage laws. Instead of three separate Acts, being the Marriage Act of 1961, the Recognition of Customary Marriages Act of 1998, and the Civil Union Act of 2006, […]
A HUSBAND’S RIGHT TO TAKE ON HIS WIFE’S SURNAME
AUTHOR: ADRIENNE OLIVER PUBLICATION DATE: SEPTEMBER 11, 2025 Since the publication of the Births and Deaths Registration Act 51 of 1992 on 6 May 1992, only wives have been entitled to assume the surname of their husbands. Historically, all attempts made by a husband to assume his wife’s surname, at Home Affairs after their marriage, […]
THE GENERAL (FAMILY) LAWS AMENDMENT BILL – WHAT YOU NEED TO KNOW
AUTHOR: ADRIENNE OLIVER PUBLICATION DATE: SEPTEMBER 11, 2025 South Africa’s family law is about to change in a major way. The General (Family) Laws Amendment Bill, introduced in 2025, aims to ensure fairness in divorces and estate matters, particularly for couples married out of community of property without accrual. Until now, if one spouse contributed […]
DOES AN APPLICATION IN TERMS OF THE CSOS ACT INTERRUPT THE RUNNING OF PRESCRIPTION
AUTHOR: GERARD VADIVALU PUBLICATION DATE: SEPTEMBER 4, 2025 The Prescription Act 68 of 1969 sets out, inter alia, time periods for when a debt (for instance, an amount of money owed) shall be extinguished by prescription. Our courts have held that the purpose of prescription is primarily the need for certainty, finality and to ensure the […]
WHAT EMPLOYERS NEED TO KNOW ABOUT THE EMPLOYMENT OF FOREIGN NATIONALS IN SOUTH AFRICA
AUTHOR: SANELISIWE NYASULU PUBLICATION DATE: AUG 25, 2025 South Africa hosts an estimated number of 250 000 legal refugees with employment being one of the rights that is afforded to refugees in the Republic. The Immigration Act 13 of 2002 (“the Immigration Act”), Employment Services Act 4 of 2014, (“ESA”), Labour Relations Act 66 of […]
THE UNFAIR LABOUR PRACTICE DISPUTE – QUO VADIS?
AUTHOR: MICHELLE POSEMANN PUBLICATION DATE: AUG 19, 2025 1. Introduction Recognising that the various pieces of legislation covering employment law needed updating, the Labour Market Chamber of NEDLAC established a Labour Law Reform Task Team, comprising organised labour, organised business and government, to develop proposed legislative amendments and recommendations on the way forward, where required. […]
REVIEW OF CCMA ARBITRATION AWARDS
AUTHOR: MICHELLE POSEMANN PUBLICATION DATE: AUG 12, 2025 1. Introduction There is no appeal process from the CCMA – an arbitration award is final and binding[1], subject only to review by the Labour Court on the limited grounds set out in sections 145[2], 158(1)(g)[3] and 158(1)(h)[4] of the Labour Relations Act, 66 of 1995 (LRA). […]
THE LAW BEHIND LETTING GO: A LEGAL GUIDE TO RETRENCHMENTS
AUTHOR: SAIURI SEETAL PUBLICATION DATE: AUGUST 7, 2025 Retrenchment is a form of dismissal based on the employer’s operational requirements, and not employee misconduct or performance. Operational requirements are defined in the Labour Relations Act 66 of 1995 (LRA) as “requirements based on the economic, technological, structural or similar needs of an employer.” Retrenchments are […]
THE RECIPROCAL DUTY OF GOOD FAITH IN THE EMPLOYMENT RELATIONSHIP
Author: Michelle PosemannPublication Date: Aug 5, 2025 1. Introduction “At common law, the contract between the parties is no longer the exclusive (or virtually exclusive) determinant of the rights and obligations of the parties; that contract now takes the form of a social compact in which the parties acquire rights and assume obligations shaped, not exclusively […]
BRIDGING THE DIVIDE BETWEEN ‘EMPLOYEE’ AND ‘INDEPENDENT CONTRACTOR’ TO INCLUDE A NEW CATEGORY OF ‘WORKER’
AUTHOR: MICHELLE POSEMANN PUBLICATION DATE: JULY 28, 2025 1. Introduction Globally, it is becoming increasingly more complex to establish whether parties are in an employment relationship. The rapid evolution of the manner in which people make their services available to others, is placing increasing pressure on legislators to expand the scope of ‘who is an […]