Van Heerden & Rudolph Attorneys/Prokureurs

27/01/2021

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21/01/2021

20/01/2021

We have a vacancy for an experienced conveyancing typist with knowledge of lexis convey.

Please do not apply if you do not have any experience

Kindy e-mail your CV to [email protected]

06/01/2021

🎤 Announcement!!

We are now a Proud Service Provider of SmartLegal

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17/09/2020

Victory for local businessmen

Magistrate hands down powerful judgment on the right to access information

26/06/2020

The Western Cape High Court has dismissed an application for a declaration that the establishment and existence of the National Coronavirus Command Council is unconstitutional and inconsistent with the Disaster Management Act 57 of 2002 ('the Act'), and is invalid; and that any decision taken or purported to have been taken by the Command Council in relation to any matter in terms of the Act is unconstitutional and invalid.

The court stated that " I accept that the measures do not satisfy everyone and there is a great deal of criticism levelled against them. The inconvenience and discontent that the regulations have caused the applicants and others have to be weighed against the urgent objective and primary Constitutional duty to save lives. That is the nature of the proportionality exercise which government has had to embark upon.

As the Minister of CoGTA states, it involved issues of high policy that have to be made in a polycentric manner. It is not for the Courts to prescribe to government how it should exercise its mandate in those circumstances.

I am satisfied that not only is the rational link between the measures and its purpose explained in the answering affidavits of the Ministers of CoGTA and the DTIC as well as the expert affidavit but it is also self-evident from the content of the regulations themselves, properly construed in its context."
Full judgment: https://bit.ly/2BIxCyO

28/05/2020

The Supreme Court of Appeal has held that when two people are married in terms of customary law, a later civil marriage to a third party does not invalidate the earlier customary marriage. Further, the court held that "the power of a court to order the forfeiture of benefits arises only as an adjunct to a decree of divorce. Moreover, a claim for the forfeiture of benefits can only be made by one party to a marriage against the other in divorce proceedings. It is not open to an outsider ... to claim that relief."
Full judgment: https://bit.ly/2TNFJjX