Divorce: Custody of the Children
Before the court will issue a divorce, it has to be decided who will look after the children. The parents can make an agreement or the court can decide. If you are in the middle of a divorce from your spouse, the most important consideration in deciding which parent should have custody is the best interests of the children.
Divorce 101: What is a divorce?
Marriage is a legal bond between two people, and provides those people with certain rights and obligations against each other. The only way to terminate these rights and obligations (as much as possible), is for the parties to obtain a divorce from each other. A divorce therefore legally terminates a marriage. Once a divorce is granted, each partner may then legally marry someone else.
There are only two grounds for divorce:
- the 'irretrievable breakdown' of the marriage;
- the mental illness or continuous unconsciousness of one partner
Consumer's rights to safe, good quality goods
The Consumer Protection Act No. 68 of 2008 ('the CPA') has been hailed as the end of the voetstoots clause in sale agreements as we know it. While the provisions giving rise to the consumer protection bodies and those authorising the creation of regulations came into effect on the 24th April 2010, the remaining provisions, which apply to most businesses only came into effect on the 1st April 2011, this date being called the 'effective date' of the CPA. As such, the CPA is now the cornerstone of consumer rights in South Africa.
Section 55 of the Act sets out the Consumer's rights to safe, good quality goods and states as follows:
'Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that-
(a) are reasonably suitable for the purposes for which they are generally intended;
(b) are of good quality, in good working order and free of any defects;
(c) will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and all the surrounding circumstances of their supply; and
(d) comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.'
There is however a lot more to it than this.
Fixed term Consumer Agreement?
In terms of the new Consumer Protection 68 of 2008 (the Act), an agreement that is stipulated to endure for a particular amount of time is called a 'fixed term agreement', and the agreement therefore is regulated by the provisions of the Act.
Are there examples of a fixed term agreement?
The easiest example of a fixed term agreement is a cellphone contract. Most cellphone contracts are taken out for a period of 2 years (24 months), and as such they are fixed term agreements.
What does this mean for a consumer?
The Act accordingly provides consumers with the right to choose, which right includes (where the consumer is an individual as opposed to a company), the choice to terminate a fixed term agreement.
The right to terminate a fixed term agreement does not require explanation or reason on cancellation by the consumer. The consumer is entitled to cancel a fixed term agreement, either at the expiry thereof without penalty, or at any other time on 20 business days' written notice to the supplier. Notwithstanding the cancellation, all amounts owed to the supplier as at the date of termination must be paid in full.
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Selection of South African Legislation
Besides laws which are contained in the South African common law, most (if not all) rules and laws in the South African legal framework are contained in National Legislation, which have effect on all people in South Africa.
Here is a selection of some of the more often referred to National Legislation: