Dear Colleague
 
Spring is in the air! Just a reminder of how beautiful change can truly be. Nature shows her excitement as trees are budding and some are even blooming. The sense of new life springing forth and with it, the promise of growth. With this comes an expectation for new things to happen now that the Winter has gone once again. What an opportune time to make plans and to tackle new projects.
 
Heritage month
September 2021 is heritage month. On the 24^th of September, Heritage Day will be celebrated in real South African style. It is a day where everyone can celebrate according to their culture and embrace the diversity of beliefs and traditions, in the wider context of a nation that belongs to all its’ people. Enjoy this day when every person can reflect on those things that are of importance to them. Have a joyful celebration.
 

Keep calm and braai!

 
 

KNOW THE CONTENT OF YOUR TRUST DEED

Read more about this in the next edition

 

 
NEW MARRIAGE LAWS IN SOUTH AFRICA
 
During 2020, two new pieces of legislation were approved by President Cyril Ramaphosa regarding marriage laws in South Africa. These laws bring changes to some South African marriages and civil unions. The 2020 Civil Union Amendment Act was gazetted on 22 October 2020 and came into immediate effect.
 
The new legislation states that: 

Marriage officers can no longer refuse to solemnise a same-sex couple on the grounds that it is “contrary to their beliefs”.
 
The laws follow a few high-profile cases where the above occurred. According to constitutional law expert, Pierre de Vos, the change will bring an end to a “particularly egregious form of unfair discrimination”. The “separate but equal” marriage regime that continues to discriminate against same-sex couples remain in place though.
 
“Section 6 was controversial because it permitted state marriage officers to refuse to do their job if – for whatever reason – they did not want to solemnise same-sex marriages,” he said.
 
“To understand its full impact, imagine a similar provision allowing civil servants not to solemnise interracial marriages or marriages of people of a faith different to that of the civil servant,” he said.
 
An additional change that was gazetted, was to the Judicial Matters Amendment Act.  This will provide additional protection to South Africans who married out of community of property in the country’s former homelands, i.e. Transkei.
 
The case that gave rise to this amendment follows a 2018 Constitutional Court judgement regarding a couple who were married without an antenuptial contract under the Transkei Marriage Act.  In terms of the Transkei Marriage Act, this marriage was out of community of property. This was the default position by law in the former Transkei before 2000. Section 7(3) of the Divorce Act allows a court to order a just and equitable transfer of assets during divorce proceedings for marriages that was entered into before the commencement of certain rationalization laws.
 
The question presented to the Constitutional Court was whether section 7(3) was constitutionally invalid because of its failure to rationalize the position of women in the former Transkei. Consequently Section 7(3) of the Divorce Act was declared unconstitutional and ordered invalid because the court found that the discrimination experienced by the applicant and women in the former Transkei, was indefensible and that Parliament failed totally to rationalize the marriage laws.
 
The Act provides for the just and equitable redistribution of property on divorce in respect of anyone married out of community of property.
 
Source: https://businesstech.co.za/news/lifestyle/442962/ramaphosa-signs-new-marriage-and-civil-union-laws-for-south-africa/
 

A SKULL TO REMEMBER
 
Once again, another unusual legacy! This time from John “Pop” Reed, who worked for many decades as a stagehand at the famous Walnut Street Theatre in Philadelphia.
 
“My head to be separated from my body immediately after my death; the latter to be buried in a grave; the former, duly macerated and prepared, to be brought to the theatre, where I have served all my life, and to be employed to represent the skull of Yorick – and to this end I bequeath my head to the properties.”
 
His wish was duly carried out and his skull became somewhat of a memento at the theatre where it was autographed by many visiting actors.
 
This was not as odd a request as it may seem. There have been many others with similar requests. Polish composer André Tchaíkowsky who died in 1982, willed his skull to the Royal Shakespeare Company. His skull was eventually used on stage by David Tennant during his acclaimed 2008 portrayal of Hamlet.