Search Results - "Sibisi, Siyabonga"
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The Legal Implications of Sithole v Sithole 2021 5 SA 34 (CC) on African Spouses in Old Civil Marriages
Published in Potchefstroom electronic law journal (21-10-2024)“…In Sithole v Sithole 2021 5 SA 34 (CC) the Constitutional Court held that the differentiation in the default matrimonial property regime between spouses in…”
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2
APPLYING PROVISIONS ON FORFEITURE OF PATRIMONIAL BENEFITS TO POLYGYNOUS CUSTOMARY MARRIAGES
Published in Obiter (22-12-2023)“…The purpose of forfeiture-of-patrimonial provisions (forfeiture) is to ensure that a person does not benefit from the dissolution of a marriage that he or she…”
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3
REGISTRATION OF CUSTOMARY MARRIAGES IN SOUTH AFRICA: A CASE FOR MANDATORY REGISTRATION
Published in Obiter (10-10-2023)“…Despite the enactment of the Recognition of Customary Marriages Act 120 of 1998 (the Recognition Act), many customary marriages remain unregistered. There are…”
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4
RE-THINKING FORFEITURE OF PATRIMONIAL BENEFITS WHEN A MARRIAGE DISSOLVES THROUGH DEATH
Published in Obiter (01-09-2022)“…People marry for different reasons; some marry for love, companionship, the desire to procreate or social security; others just marry for money. The law should…”
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5
Consent and Other Ancillary Matters as Requirements of a Customary Marriage: LNM v MMM (2020/11024) [2021] ZAGPJHC 563 (11 June 2021)
Published in Potchefstroom electronic law journal (04-04-2023)“…Consent may be seen as a fundamental human right. On the issue of marriage, people should only be married with their consent. A marriage without consent is a…”
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6
The Juristic Nature of iLobolo Agreements in Modern South Africa
Published in Obiter (02-05-2021)“…The practice of ilobolo has been referred to by many names, including bridal-price, bridewealth, marriage goods or dowry. These concepts are misleading as they…”
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7
The Supreme Court of Appeal and the handing over of the bride in customary marriages
Published in De Jure (01-01-2021)“…While there is unanimity that the mere payment of ilobolo (or part thereof) does not conclude a customary marriage, recent decisions of the SCA indirectly…”
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8
Is the requirement of integration of the bride optional in customary marriages?
Published in De Jure (01-01-2020)“…Section 3(1) of the Recognition of Customary Marriages 120 of 1998 provides for the requirements for a valid customary marriage entered into after the…”
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9
Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death: Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020)
Published in Potchefstroom electronic law journal (2022)“…Section 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the…”
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10
DOES SECTION 9(2) OF THE DIVORCE ACT 70 OF 1979 PROVIDE ADEQUATE PROTECTION FOR AN ILL SPOUSE?
Published in Obiter (07-07-2024)“…In simple terms, section 9 of the Divorce Act (70 of 1979) provides for forfeiture of patrimonial benefits (forfeiture) in divorce proceedings if the ground…”
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11
Does Section 9(2) of the Divorce Act 70 of 1979 Provide Adequate Protection for an Ill Spouse?
Published in Obiter (01-06-2024)“…In simple terms, section 9 of the Divorce Act (70 of 1979) provides for forfeiture of patrimonial benefits (forfeiture) in divorce proceedings if the ground…”
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12
Applying Provisions on Forfeiture of Patrimonial Benefits to Polygynous Customary Marriages
Published in Obiter (01-12-2023)“…Summary\r\nThe purpose of forfeiture-of-patrimonial provisions (forfeiture) is to ensure that a person does not benefit from the dissolution of a marriage that…”
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13
Registration of Customary Marriages in South Africa: A Case for Mandatory Registration
Published in Obiter (01-10-2023)“…Despite the enactment of the Recognition of Customary Marriages Act 120 of 1998 (the Recognition Act), many customary marriages remain unregistered. There are…”
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14
THE DOMESTIC VIOLENCE ACT 116 OF 1998: OFFENCES, DEFENCES, ECONOMIC ABUSE, IMMINENT HARM AND THE CRIME OF DOMESTIC ABUSE– WHAT IS NEW?
Published in Obiter (05-07-2023)“…Recent tragedies relating to gender-based violence have drawn attention to the current state of our relevant law. This article focuses on domestic violence – a…”
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15
The Domestic Violence Act 116 of 1998: Offences, Defences, Economic Abuse, Imminent Harm and the Crime of Domestic Abuse– What is New?
Published in Obiter (01-06-2023)“…Recent tragedies relating to gender-based violence have drawn attention to the current state of our relevant law. This article focuses on domestic violence – a…”
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16
Forfeiture of Patrimonial Benefits and the Dissolution of Marriage through Death: Monyepao v Ledwaba (1368/18) [2020] ZASCA 54 (27 May 2020)
Published in Potchefstroom electronic law journal (05-10-2022)“…Section 9 of the Divorce Act 70 of 1979 provides for the forfeiture of patrimonial benefits when a decree of divorce is granted on the ground of the…”
Get full text
Journal Article