Cluver Markotter

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Are all directors of a law firm liable for the financial misconduct of one of them?

“Legal practitioners are obliged to conduct themselves with the utmost integrity and scrupulous honesty. Public confidence in the legal profession is enhanced by maintaining the highest ethical standards. A lack of trust in the legal profession goes hand in hand with the erosion of the rule of law” – Nicholls JA in Limpopo Provincial Council …

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Section 7(3) of the Divorce Act, 70 of 1979 declared unconstitutional and invalid

On 10 October 2023, the Constitutional Court delivered groundbreaking judgments in two separate cases, both of which challenged the constitutionality of Section 7(3) of the Divorce Act 70 of 1979 (“Section 7(3)”). The legal position prior to the Constitutional Court decisions in EB (born S) vs ER (born B) and Others; KG v Minister of Home …

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ALL TRUSTEES OF TRUSTS TO TAKE NOTE OF NEW RECORD KEEPING AND REPORTING DUTIES

Amendments were made to the Trust Property Control Act and the Regulations thereto aimed at combating money laundering and terrorist financing which amendments commenced on 1 April 2023.   The amendments place new obligations on trustees and compel them to: a)   keep an updated record of all the “beneficial owners”* under a trust. Trustees …

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How to execute eviction orders during the national state of disaster by Piet Badenhorst, Koos Geyser and Cheri Petersen

The execution of eviction orders have been prohibited during the national state of disaster (“NSOD“), declared under the Disaster Management Act No. 57 of 2002 and in place since 23 March 2020. For the duration of the NSOD, at all the alert levels declared from time to time, the Regulations have prohibited the execution of …

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130 YEARS YOUNG

  Not many businesses can claim to have survived and prospered for 130 years.  Cluver Markotter celebrated this milestone on 1 May 2021. It all began when Paul August Carl Dietrich (Paul) Cluver was admitted as an attorney and notary public in 1891 and began practicing under the name of Paul D Cluver in the …

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Sureties, co-sureties and prescription by Marieke du Toit

The question arising in the recent case of Liberty Group Limited v Illman  2020 ZASCA 38 was:  Does the service of a summons on any one of a number of co-sureties interrupt the running of prescription for the debts of the others?  This question arose against the background of the following rules on prescription and the debts of …

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Majoritarianism and collective agreements on retrenchments: Do minority trade unions have a right to be consulted? by Lizanne Visser

In a recent judgment the Constitutional Court (by a 5-4 majority) decided that a collective agreement on retrenchments between an employer and a majority trade union also binds a minority union. In Association of Mineworkers and Construction Union and Others v Royal Bafokeng Limited and Others [2020] ZACC 1 the court upheld the constitutionality of …

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Electronic Registration of Deeds and the Lockdown by Jean de Wet

During the current nationwide Lockdown Deeds Offices across South Africa have been closed at times. Even when allowed to be re-opened, the Deeds Offices were slow to become fully operational and are subject to further closings when active Covid-19 cases occur. The situation is extremely harmful for the property business and it has again brought …

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