Property Law Update

Law Update : Issue 1

03 February 2012

COHABITATION WITHOUT AN AGREEMENT - RISKY

Ponelat v Schrepfer (802/10) [2011] ZASCA 167 (19 September 2011)

Married couples have legal certainty as to what they may expect to retain as theirs upon dissolution of their marriage, a benefit enjoyed by virtue of applicable matrimonial property regimes that are clearly defined in law. Not so for couples who cohabitate as life partners, those who choose not to get married or, as often appears to be the case, those who simply never get around to doing so. For persons in such relationships, dissolution leads to a road less traveled: one which involves proving or disproving that a universal partnership existed between them.

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Summary

ON THE SCHOOL GOVERNING BODY? NOTE THE NEW REGULATIONS RELATING TO DISCIPLINARY ACTION

The provincial government of the Western Cape Government recently passed regulations relating to the disciplining, suspension and expulsion of learners in schools situated in the Western Cape Province. The regulations were gazetted on 15 December 2011 and will become effective in all public schools in this province from 2 April 2012 onwards.

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Summary

CONSTITUTIONAL COURT FAVOURS FAMILY TIES

In its first significant decision of 2012, the Constitutional Court has ruled in favour of family ties. It ruled that parents of children who have been removed from their care by the state will now have access to an automatic review of that decision.

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Summary