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NEWS & MEDIA

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SARB issues consultation paper on Prime Rate demise

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Paula Conway
Consultant Attorney

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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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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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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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AUTHENTICATION OF DOCUMENTS EXECUTED INSIDE OR OUTSIDE OF SOUTH AFRICA

Often times, documents need to be signed or legalised for use within South Africa or for use abroad.

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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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THE RATE INCREASE AND ITS IMPACT ON THE PROPERTY MARKET

With yesterday’s 50 basis point increase and subsequent prime lending rate raising to 11.75% (coincidently not the highest it has been in our Country’s history) the already stressed consumer is now stretched even further.The Governor of the Reserve Bank having stated that albeit some aspects of inflation had cooled, inflation remained outside the bank’s target of between 3-6%. Meaning that if the key indicators did not reduce within the next review period the chances of a further increase of the REPO were likely. Coupled with unstable energy and an international market already shaken by the war in the Ukraine and potential default of the United States… the likelihood is sadly high.

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