Legal Update October 2024

Welcome to our October monthly newsletter. This month, we feature the Rei Vindicatio in South African Law. We put the spotlight on a husband taking their wife’s surname, share the latest Legal Talk Podcast on Estate Planning and our on-demand tutorials.

Rei Vindicatio in South African Law

Monthly Featured Article by Ross Hendriks

The principal rei vindicatio in South African law is a significant legal remedy that enables property owners to reclaim possession of their property from anyone who unlawfully possesses it. Rooted in Roman-Dutch law, rei vindicatio remains a fundamental aspect of property law in South Africa, providing a legal mechanism for owners to protect their rights against unlawful possession.

As a remedy based solely on ownership, rei vindicatio does not require any contractual relationship between the owner and the possessor, making it a potent tool for enforcing property rights. Read more.

In this episode, we explore the essential elements of estate planning with our experts Johan De Lange , Robyn Shepherd , and Nicolene Schoeman – Louw .

Estate planning isn’t just about drafting a will; it’s about managing your assets, debts, and the future of your business and loved ones. We cover everything from tax efficiency and wills to the role of trusts in securing your assets. Learn why professionally drafted wills are critical, especially when leaving a lasting legacy and planning for minor children and dependents. Estate planning is more than a tick-box exercise—it's a mindset shift that ensures peace of mind for you and your family.

News item: Husband Taking Their Wife’s Surname – Under The Spotlight.

By Nicolene Schoeman – Louw

As reported by IOL, section 26(1) of the Births and Deaths Registration Act 51 of 1992 (the “Act”) was recently found to be discriminatory on the grounds of gender. According to the media, two couples challenged this section in the Bloemfontein High Court. Two of the litigants were married in July 2021 at the Home Affairs offices in Bloemfontein.

After their marriage was solemnised, and in the process of its registration, the wife was asked by the department official whether she was assuming the husband’s surname or retaining hers. When both applicants informed the official that the husband would, in fact, assume the wife’s surname, he replied that the system did not allow that.

Read more.

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