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South African Acts

Below are a select few of South African Acts which are referenced in Commercial and Family Law.

ActDescription

Children's Act 2005, No. 35 of 2005

To give effect to certain rights of children as contained in the Constitution; to set out principles relating to the care and protection of children; to define parental responsibilities and rights; to make further provision regarding children's courts; to provide for the issuing of contribution orders; to make new provision for the adoption of children; to provide for inter-country adoption; to give effect to the Hague Convention on Inter-country Adoption; to prohibit child abduction and to give effect to the Hague Convention on International Child Abduction; to provide for surrogate motherhood; to create certain new offences relating to children; and to provide for matters connected therewith.

Maintenance Act 1998, No. 99 of 1998

To recognise the right of every child to a standard of living which is adequate for the child's physical, mental, spiritual, moral and social development and to take all appropriate measures in order to secure maintenance for the child from the parents or other persons having financial responsibility for the child.

Electronic Communications and Transactions Act 2002, No. 25 of 2002

To provide for the facilitation and regulation of electronic communications and transactions; to provide for the development of a national e-strategy for the Republic; to promote universal access to electronic communications and transactions and the use of electronic transactions by SMMEs; to provide for human resource development in electronic transactions; to prevent abuse of information systems; to encourage the use of e-government services; and to provide for matters connected therewith.

Domestic Violence Act 1998, No. 116 of 1998

To provide for the issuing of protection orders with regard to domestic violence; and for matters connected therewith.

Matrimonial Property Act 1984, No. 88 of 1984

To amend the matrimonial property law and to provide for matters connected therewith.

Divorce Act 1979, No. 70 of 1979

To amend the law relating to divorce and to provide for incidental matters.

Companies Act 2008, No. 71 of 2008

To provide for the incorporation, registration, organization and management of companies, the capitalization of profit companies, and the registration of offices of foreign companies carrying on business within the Republic; to define the relationships between companies and their respective shareholders or members and directors; to provide for equitable and efficient amalgamations, mergers and takeovers of companies; to provide for efficient rescue of financially distressed companies; to provide appropriate legal redress for investors and third parties with respect to companies; to establish a Companies and Intellectual Property Commission and a Takeover Regulation Panel to administer the requirements of the Act with respect to companies, to establish a Companies Tribunal to facilitate alternative dispute resolution and to review decisions of the Commission; to establish a Financial Reporting Standards Council to advise on requirements for financial record-keeping and reporting by companies; to repeal the Companies Act, 1973 (Act No. 61 of 1973) and make amendments to the Close Corporations Act, 1984 (Act No. 69 of 1984), as necessary to provide for a consistent and harmonious regime of business incorporation and regulation; and to provide for matters connected therewith.

Protection from Harassment Act 2011, No. 17 of 2011

To provide for the issuing of protection orders against harassment; to effect consequential amendments to the Firearms Control Act, 2000; and to provide for matters connected therewith.

Wills Act, Act 7 of 1953

To consolidate and amend the law relating to the execution of wills.

Administration of Estates Act, Act 66 of 1965

To consolidate and amend the law relating to the liquidation and distribution of the estates of deceased persons, the administration of the property of minors and persons under curatorship, and of derelict estates; to regulate the rights of beneficiaries under mutual wills made by any two or more persons; to amend the Mental Disorders Act, 1916; and to provide for incidental matters.

Intestate Succession Act, Act 81 of 1987

To regulate anew the law relating to intestate succession; and to provide for matters connected therewith.

Civil Union Act, Act 17 of 2006

To provide for the solemnisation of civil unions, by way of either a marriage or civil partnership; the legal consequences of civil unions; and to provide for matters incidental thereto.

The Prescribed Rate of Interest Act, Act 55 of 1975

To provide for the calculation of interest on a debt, in certain circumstances, at a prescribed rate; for the payment of interest on certain judgement debts; and for matters connected therewith.

Immigration Act, Act 13 of 2002

Immigration Act, Act 13 of 2002: To provide for the regulation of admission of persons to, their residence in, and their departure from the Republic; and for matters connected therewith.

Immigration Regulations, 2014

Immigration Regulations, 2014: The regulations promulgated in terms of the Immigration Act, Act 13 of 2002 which come into effect on 26 May 2014.

Contingency Fee Act, Act of 66 of 1987

To provide for contingency fee agreements between legal practitioners and their clients; and to provide for matters connected therewith.

Wills Act, Act 7 of 1953

To consolidate and amend the law relating to the execution of wills.