What does one do when local underage marriages are prohibited, but immigrants who are so married were legally married elsewhere?
Sweden is expected to pass legislation which will invalidate all underage marriages. The motivation is understood but the consequences may be dire – especially for those under-age and in such marriages. What will happen if no legal obligation to maintain them exists and their guardians are elsewhere?
Upgrading land tenure rights;
In Rahube v Rahube our Constitutional Court ruled that section 2 (1) of the Upgrading of Land Tenure Rights Act 112/91 is constitutionally invalid in that it automatically converted holders of any deed of grant or any right of leasehold into holders of rights of ownership in violation of women’s rights. This order is suspended for eighteen months, pending legislation to be promulgated by Parliament. Of note to attorneys is that sales in good faith and inheritances in terms of finalised estates will not be affected.
Can one lawfully insert a clause into an MOI which allows a company board to refuse transfer of shares without giving reasons? The previous Companies Act appeared to encourage the imposition of such clauses and in the case Visser Citrus [2014 (5) SA 179 WCC] this take on the issue was upheld. Mupangavanhu attacks this judgement on the basis that refusal to transfer shares without giving reasons is repugnant to public policy. I tend to agree.
Garden leave is a term used in the protection of employers requiring an employee, whose employment has been terminated by him, requiring that the employee to serve out the duration of the notice period from home, with the intention of quarantining that employee from further contact with clients and confidential information. The conclusion, reached by Mupangavanhu, is that a court will not enforce a post-termination restraint which goes beyond what is needed adequately to protect the employer’s legitimate interests.
How does one deal with a company that will not declare dividends? Take a look: