Maintenance & Majority

Introduction It is trite in law that both biological parents have the duty to maintain their minor child. It is often believed that this maintenance obligation only exists until a child attains majority. We consider this misnomer and explore the mandatory maintenance obligations that may exist towards a child beyond majority. Background Under South African
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Bakgaka – Ba – Mothapo Traditional Council v Tshepo Mathule Mothapo & others (926/2018 [2019] ZASCA 130 (30 September 2019)

SUMMARY The issue considered in this appeal was whether a Traditional Council (regulated in terms of customary law) had locus standi to institute action proceedings on behalf of Bakgaka – Ba – Mothapo Traditional Community (the “Appellant”). Furthermore, whether the argument of insufficient number of men/women appointed as councilors to the Premier’s office justified the
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Mobile Telephone Networks (Pty) Ltd and Another v Spilhaus Property Holdings (Pty) Ltd and Others (208/2017) [2018] ZASCA 16 (15 March 2018)

SUMMARY Erf 377 Constantia was owned by the second appellant, Alphen Farm Estate in Constantia (Pty) Ltd (Alphen). Erf 377 Constantia was then subdivided and two precincts were established, a historic precinct and a residential precinct. Alphen remains the owner of the historic precinct which is comprised of sections 1 and 2 of the sectional
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