Legal Articles

Before assuming that customary traditions alone dictate property ownership, it’s important to know how South African law actually governs these marriages—and what steps can be taken to safeguard your rights.

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For generations, customary marriages have been central to family traditions and community structures in South Africa. But while these unions hold deep cultural and historical significance, they also carry real legal consequences—ones that many couples don’t fully understand until it’s too late.

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A key factor in the land’s governance is the Islamic principle of waqf, a form of religious endowment. Under this system, land designated as waqf cannot be sold or transferred, as it is considered an asset dedicated to Allah for the benefit of the needy.

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Silver Linings

During the two weeks following the postponement of the budget, the rand exchange rate vs the US dollar strengthened by 1.2% and the country’s 10-year bond yield declined by 15 basis points - a clear confirmation of the positive undertone of this (non-) event. In fact, the commentary from business leaders was overwhelmingly positive, as it demonstrated the effectiveness of the government of national unity (GNU) in preserving truly democratic principles relating to the country’s fiscal affairs.

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Defamation cases have become increasingly common in South Africa, especially in an era where social media allows information—whether true or false—to spread rapidly.

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Marriage is more than just a commitment between two people—it is also a legally binding agreement that can significantly impact your financial future. 

In South Africa, the default system is marriage in community of property, unless a couple signs an antenuptial contract before the wedding. While this system offers benefits such as shared ownership of assets, it also comes with risks, particularly regarding debt liability and financial independence.

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While the 50% discount on traffic fines is a valuable opportunity for motorists to save money, not all fines automatically qualify. Several factors determine whether you are eligible for a reduced payment.

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A person exhibits negligence when they fail to exercise the degree of caution that a reasonable person would have acted in a similar situation, thereby causing harm to another person. 

This concept is applicable in a number of situations, such as vehicle accidents, injuries sustained while working, medical malpractice, and cases involving public liability.

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The voetstoots clause is a common law concept which states that the purchaser buys the property from the seller “as is”, liberating the seller from any obligations for patent (visible) or latent (hidden) flaws, which are often more difficult to find by reasonable scrutiny.

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While civil marriages automatically allow for the signing of an antenuptial contract, the rules governing customary unions are more complex. 

A common question that arises is: "Can an antenuptial contract be signed after a customary marriage?" 

The short answer is no—unless court approval is obtained.

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