Enerst Nemusimbori Attorneys INC

Enerst Nemusimbori Attorneys INC A legal firm,innovative and dedicated to provide quality legal services

We are pleased to announce that our Head Office has been moved to a new address as it appears below with effective from ...
04/01/2026

We are pleased to announce that our Head Office has been moved to a new address as it appears below with effective from the 1 January 2026.

happy new year from Enerst Nemusimbori Attorneys INC
01/01/2025

happy new year from Enerst Nemusimbori Attorneys INC

Merry Christmas and happy new year from Enerst Nemusimbori Attorneys INC
25/12/2024

Merry Christmas and happy new year from Enerst Nemusimbori Attorneys INC

On behalf of Enerst Nemusimbori AttEnerst Nemusimbori Attorneys INCre gratitude to all those who placed their trust in u...
03/12/2024

On behalf of Enerst Nemusimbori AttEnerst Nemusimbori Attorneys INCre gratitude to all those who placed their trust in us throughout 2024. As we look ahead to 2025, we remain committed to providing exceptional legal services and are here to serve you with dedication and integrity in the year to come. Thank you for choosing us as your trusted legal partner.

Forced out: understand your rights in constructive dismissal.Have you ever felt like you had no choice but to resign fro...
02/12/2024

Forced out: understand your rights in constructive dismissal.

Have you ever felt like you had no choice but to resign from your work? Then you were constructively dismissed.

Constructive dismissal is a complex and nuanced area of employment law. In South Africa, it is recognised under Section 186(1)(e) of the Labour Relations Act 66 of 1995.

To establish a claim of constructive dismissal, an employee must demonstrate that their employer's behaviour was unacceptable and intolerable. This can include a range of circumstances, such as unilateral changes to employment contracts, including changes to salaries, benefits, or working hours.

Sexual harassment is also a serious form of misconduct that can constitute a breach of contract and may amount to constructive dismissal. Employers have a duty to provide a safe and respectful work environment, and failure to do so can have serious consequences.

Unfair disciplinary action taken by the employer can also be a breach of contract and may amount to constructive dismissal. Employers must ensure that disciplinary procedures are fair, reasonable, and follow established protocols.

In all cases, the employee must demonstrate that they did not intend to terminate the employment relationship, but were left with no option but to resign due to the employer's behaviour. The employee must also show that they have accepted the employer's repudiatory breach of contract and that they have not delayed too long in resigning.

If an employee is successful in proving a claim of constructive dismissal, the remedies available may include reinstatement, re-employment, compensation, arbitration awards, costs, and interest. These remedies aim to restore the employee to their former position or provide fair compensation for the loss suffered.

Given the complexity of constructive dismissal cases, it is highly advisable to seek professional legal advice. Our law firm specialises in labour law and has expertise in handling constructive dismissal cases. We can help you navigate the complexities of the law, gather evidence, and build a strong case.

If you believe you have been constructively dismissed, do not hesitate to contact us for a consultation. Our experienced attorneys can provide you with guidance and support to help you protect your rights.

Catch the Director and the Founder of Enerst Nemusimbori Attorneys INC enerstnemusimboriattorneysinc Live on Univen F...
27/11/2024

Catch the Director and the Founder of Enerst Nemusimbori Attorneys INC enerstnemusimboriattorneysinc
Live on Univen FM 99.8 Today

@09:30am

TOPIC:

Parental Rights and Responsibilities towards the Minor Child: Does this only apply to married parents?

Enerst Nemusimbori Attorneys INC


TYPES OF MARRIAGE SYSTEMS AND THEIR IMPLICATIONS: A LEGAL INSIGHT The South African law recognises several types of marr...
25/11/2024

TYPES OF MARRIAGE SYSTEMS AND THEIR IMPLICATIONS: A LEGAL INSIGHT
The South African law recognises several types of marriage systems that are available for couples. Each of them have their own unique set of rules and regulations and the each affect one’s legal rights and responsibilities in different ways.

Types of recognised marriage systems in terms of the Matrimonial Property Act 88 of 1984

1. Marriage in community of property
It is governed by Section 14-20 of the Matrimonial Property Act . This marriage system entails that both spouses have equal and joint ownership of all assets and liabilities acquired in the marriage.
Each party is entitled to a right of disposal over the assets of the joint estate.
It provides for financial equality and one spouse can be affected by the other spouse’s financial detriments such as insolvency, accumulated debt and even maintenance orders.

Marriages that are concluded interms of customary law ( by virtue of lobola/mahadi/ lumalo) also fall within the ambit of this system unless there is an Anti-Nuptial Agreement between the parties.

Despite its many flaws, this still remains the most popular form of matrimonial dispensation in South Africa

2. Marriage out of community of property with accrual.

This a legal arrangement where spouses maintain separate estates but they share the assets and liabilities that they acquire during the marriage. The parties equally share the profits made by the parties during the marriage.
This system further provides that assets that are inherited, donated and also non pratimonial damages are excluded from the accrual unless the parties expressly agree to it.

Upon dissolution of the marriage the net estate value will be dertimined separately and the large estate will transfer half of the difference to the smaller estate.

Considering that a successful marriage is based on equality this system proves to be the most ideal method.

3. Marriage out of community of with the accrual expressly excluded

This form of marriage is where in terms of an anti-nuptial contract the community of property and profit and loss are excluded. It separates each spouse’s assets and liabilities and it prevents either spouse from making a claim in the other spouse’s assets.
It involves no sharing sharing of profits and losses to a point where even the court is not entitled to make any adjustments in any regard to effect equality or fairness. In instances of death only a will becomes useful to provide for the other spouse.

This type of system is recommended where parties already have substantial estates or incomes and is often more appropriate fodder those who having second or further marriages.

For more information do feel free to to contact us on the following contact details: 072 335 0232/ 012 006 5143 alternatively by email
[email protected] / [email protected]

Catch the Director and the Founder of Enerst Nemusimbori Attorneys INC enerstnemusimboriattorneysinc Live on Univen F...
19/11/2024

Catch the Director and the Founder of Enerst Nemusimbori Attorneys INC enerstnemusimboriattorneysinc
Live on Univen FM 99.8 Tomorrow

@09:30am

TOPIC:

Legal status of Oral Agreements in South African Law: are they legally binding and enforceable?

Enerst Nemusimbori Attorneys INC


Catch the Co-organising of the tournament 🏟️Talking about the Mulindathavha Soccer Tournament 🏟️ Univen FM sports Talk@1...
19/11/2024

Catch the Co-organising of the tournament 🏟️

Talking about the Mulindathavha Soccer Tournament 🏟️

Univen FM sports Talk

@18:15 today

With:Oripfa Murovhi & TJ Mashimbyi

YOUR RIGHT TO ADMINISTRATIVE ACTION: IT DOES NOT END WITH THE ADMINISTRATOR!South Africa is a democratic country where t...
18/11/2024

YOUR RIGHT TO ADMINISTRATIVE ACTION: IT DOES NOT END WITH THE ADMINISTRATOR!

South Africa is a democratic country where the Constitution of the Republic of South Africa, 1996 is the supreme law of the land and any law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.

The rights of everyone enshrined in the Constitution includes, among others, the right to administrative action that is lawful, reasonable and procedurally fair.
Section 33 (2) of the Constitution provides that ‘everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.’ Once you are of the opinion that you have been adversely affected by the decision of the administrator, based on the administrative action taken, there is an enabling legislation which is enacted to give effect to right in section 33 of the Constitution.

In accordance the enabling legislation (Promotion of Administrative Justice Act (PAJA):
- Provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal
- Impose duty on the state to give effect to the rights in section 33(1) and (2) of the Constitution.
- Promote an efficient administration
The PAJA define Administrative Action as any decision taken, or any failure to take a decision by an organ of state when-
- Exercising a power in terms of the Constitution or a provincial constitution; or
- Exercising a public or performing a public function in terms of any legislation; or
- A natural or juristic person, other than an organ of state, when exercising a public power or performing a public function in terms of empowering provision, which adversely affects the rights of any person and which has a direct, external legal effects.

Examples of the administrative actions can include:
- Decision to issue Birth Certificate, or Identity Document
- Decision to issue operational permit or withdrawal of such permit
- Decision to award social grant, child grant or disability grant
- Decision to grant asylum seeker or refugee status
Since the Constitution guarantees that such administrative action will be lawful, reasonable and procedurally fair, it also makes a provision for one to request reasons for administrative action that negatively affects that person. It further allows you to use internal appeal procedure if there are no reasons provided upon request and thereafter one can approach court for judicial review thereof.

For more information on how to deal with administrative action that adversely affected you negatively and seek remedy feel free to contact us on the following numbers: 072 335 0232 – 012 006 5143 , [email protected]; [email protected] and [email protected]

“Justice is the crowning glory of the virtues.”
15/11/2024

“Justice is the crowning glory of the virtues.”

Catch the Director and the Founder of Enerst Nemusimbori Attorneys INC enerstnemusimboriattorneysinc Live on Univen F...
12/11/2024

Catch the Director and the Founder of Enerst Nemusimbori Attorneys INC enerstnemusimboriattorneysinc
Live on Univen FM 99.8 Tomorrow

@09:30am

TOPIC:

The legal implications of leaving a customary marriage without a court order: does that dissolve the marriage or marriage still subsists?

Enerst Nemusimbori Attorneys INC


Address

Suite 6, Block E, Corporate Park 66, 269 Von Willich Avenue
Centurion
0157

Opening Hours

Monday 09:00 - 18:00
Tuesday 09:00 - 18:00
Wednesday 09:00 - 18:00
Thursday 09:00 - 18:00
Friday 09:00 - 18:00
Saturday 09:00 - 14:00

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