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BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

In a landmark decision, South Africa's Constitutional Court upheld the Gauteng High Court ruling, in the case of “VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER [2023] ZACC 21”, that Section 40 of the Children's Act is unjustifiably discriminatory based on marital status and sexual orientation. This decision stems from a court bid initiated by a lesbian couple, highlighting the Act's inequity in granting parental responsibilities and rights to children conceived through in vitro fertilization (IVF). The judicial challenge drew attention to the Act's exclusion of "permanent life partner" in favor of "spouse" and "husband," which disadvantaged unmarried couples.

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A(NOTHER) BLOW TO TAXPAYERS: THE SCA OVERTURNS ABSA’S HIGH COURT WIN AGAINST SARS

Albert Einstein once said that “the hardest thing in the world to understand is the income tax.” If he were around today, he might have instead said that “the hardest thing in the world to understand is how to challenge a tax assessment in South Africa.” Whilst this may be overstating matters a tad, the SCA’s recent judgment in the case of The Commissioner for the South African Revenue Services v ABSA Bank Limited and United Towers Proprietary Limited lends some credence to this rejigged Einstein adage. We explain why below.

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SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

In the midst of a challenging fiscal landscape in South Africa, where a mounting budget deficit is exacerbated by strained tax collections, the South African Revenue Service (SARS) has taken an uncompromising stance against tax evasion. This intensified approach to revenue collection demands the attention of every taxpayer, prompting a crucial call to action. As your legal advisors, we urge you to stay vigilant and proactive in managing your tax affairs, for the consequences of negligence have never been more severe.

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DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

Legal proceedings involve various critical components, two of which are particularly noteworthy: Domicilium and Jurisdiction.

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HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

A protection order is a legally mandated instrument designed to shield individuals from domestic violence or harassment. While the legal terrain may appear complex, we aim to provide clear and accessible information to empower individuals seeking protection.

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FROM THE VIEWPOINT OF OLIVIA PEROTTI

I've proudly served as a Consultant Attorney at Thomson Wilks since 2018, with a primary focus on Family and Immigration Law. While my specialization lies in immigration law, I often encounter cases with a family law dimension. My ultimate goal is to help my clients navigate the legal pathway to fulfilling the life they've always envisioned.

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THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

Times are changing, and shareholders are now playing a more prominent role in shaping corporate behaviour. Activist shareholders are increasingly pointing out issues including environmental, social, and governance (ESG) considerations.

read more

A(NOTHER) BLOW TO TAXPAYERS: THE SCA OVERTURNS ABSA’S HIGH COURT WIN AGAINST SARS

Albert Einstein once said that “the hardest thing in the world to understand is the income tax.” If he were around today, he might have instead said that “the hardest thing in the world to understand is how to challenge a tax assessment in South Africa.” Whilst this may be overstating matters a tad, the SCA’s recent judgment in the case of The Commissioner for the South African Revenue Services v ABSA Bank Limited and United Towers Proprietary Limited lends some credence to this rejigged Einstein adage. We explain why below.

read more

SARS IS EMPLOYING AGGRESSIVE METHODS TO RECOVER OUTSTANDING DUES

In the midst of a challenging fiscal landscape in South Africa, where a mounting budget deficit is exacerbated by strained tax collections, the South African Revenue Service (SARS) has taken an uncompromising stance against tax evasion. This intensified approach to revenue collection demands the attention of every taxpayer, prompting a crucial call to action. As your legal advisors, we urge you to stay vigilant and proactive in managing your tax affairs, for the consequences of negligence have never been more severe.

read more

HOW TO OBTAIN A PROTECTION ORDER IN SOUTH AFRICA

A protection order is a legally mandated instrument designed to shield individuals from domestic violence or harassment. While the legal terrain may appear complex, we aim to provide clear and accessible information to empower individuals seeking protection.

read more

ANTON PILLER ORDERS

An Anton Piller Order is an order sought by way of an urgent ex parte application for immediate relief by an applicant who suspects that notifying the respondent will have the effect of affording the respondent time to either hide or destroy evidence which the Applicant requires in anticipated litigation. The aim of the order is the preservation of specific evidence.

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THE DUTY OF DISCLOSURE – WHEN DEFECTS COME BACK TO HAUNT YOU

A seller, in terms of the Property Practitioners Act, Act 22 of 2019, (the Act) per section 67, has a duty to disclose all defects in the property. It’s a rather broad statement and leads one to ask what if they were not aware of certain defects? An example of such would be subduction of earth under the foundation after heavy rains leading to damage to the property due to the foundation being compromised. This would not be considered under the purview of the act as it is not a patent defect… a defect that is so obvious and visible that it must be disclosed. It could be a latent defect that the seller was not aware of, and only became apparent because of the weather.

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BEWARE OF THE PRESCRIPTS OF THE INTEGRATED WASTE MANAGEMENT BY-LAW

The City of Cape Town’s Integrated Waste Management By-Law makes it possible for the City of Cape Town to clean up private properties at the owner’s expense.

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How to handle employees claims of contracting COVID-19 and their subsequent absence

Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.

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Mandatory vaccination policies in the workplace. Are they lawful and enforceable?

As the world slowly crawls back to some semblance of normality and many countries consider lifting their travel bans, one topic of debate is ongoing, both in South Africa and abroad. Can and should companies implement mandatory vaccination policies on their employees?

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COVID-19 Lockdown and its impact on the movement of minor children between co-holders of parental responsibilities and rights for purposes of exercising contact to minor children

On 7 April 2020, the Minister of Social Development issued new Directions which allows the movement of children between co-holders...

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Fake news in the era of COVID-19

Globally, the COVID-19 (Coronavirus) pandemic continues to wreak havoc. South Africa is currently in the midst of a 21-day shut...

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BREAKING BARRIERS: SOUTH AFRICA'S CONSTITUTIONAL COURT CHAMPIONS EQUALITY IN IVF PARENTING RIGHTS FOR UNMARRIED COUPLES

In a landmark decision, South Africa's Constitutional Court upheld the Gauteng High Court ruling, in the case of “VJV AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT AND ANOTHER [2023] ZACC 21”, that Section 40 of the Children's Act is unjustifiably discriminatory based on marital status and sexual orientation. This decision stems from a court bid initiated by a lesbian couple, highlighting the Act's inequity in granting parental responsibilities and rights to children conceived through in vitro fertilization (IVF). The judicial challenge drew attention to the Act's exclusion of "permanent life partner" in favor of "spouse" and "husband," which disadvantaged unmarried couples.

read more

DEMYSTIFYING JURISDICTION: HOW A DOMICILIUM ADDRESS IMPACTS COURT JURISDICTION

Legal proceedings involve various critical components, two of which are particularly noteworthy: Domicilium and Jurisdiction.

read more

FROM THE VIEWPOINT OF OLIVIA PEROTTI

I've proudly served as a Consultant Attorney at Thomson Wilks since 2018, with a primary focus on Family and Immigration Law. While my specialization lies in immigration law, I often encounter cases with a family law dimension. My ultimate goal is to help my clients navigate the legal pathway to fulfilling the life they've always envisioned.

read more

THE TIDE IS TURNING: A NEW WAVE OF SHAREHOLDER ACTIVISM?

Times are changing, and shareholders are now playing a more prominent role in shaping corporate behaviour. Activist shareholders are increasingly pointing out issues including environmental, social, and governance (ESG) considerations.

read more

THE NEW NATIONAL BIODIVERSITY OFFSET GUIDELINE: A STEP TOWARDS BALANCING DEVELOPMENT AND CONSERVATION

Biodiversity offsetting is a conservation strategy that aims to compensate for the negative impacts of development projects on biodiversity by creating or restoring ecosystems elsewhere. It involves calculating the ecological value of an area that will be disturbed or destroyed due to human activities, such as construction, mining, or infrastructure development, and then creating or enhancing similar habitats in other locations to counterbalance the loss.

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KEEP YOUR VACANT PROPERTIES TIDY OR FACE AN ACCOUNT FROM THE CITY OF CAPE TOWN

In 2003, The City of Cape Town enacted a By-Law titled “The Environmental Health By-Law”.

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