The dissipation of marital assets pending a divorce order in South Africa: a proposal for reform
- Mahlangu, Busisiwe Hlophane Maria
- Authors: Mahlangu, Busisiwe Hlophane Maria
- Date: 2023-10-13
- Subjects: Uncatalogued
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/424130 , vital:72126
- Description: Dissipation of marital assets takes place where one spouses uses the marital assets with the intention to frustrate the equitable distribution at the dissolution of marriage. This kind of behaviour usually occurs when one spouse anticipates a divorce or when the final divorce order is pending. In this context then, this thesis aims to critically analyse the effectiveness of the legal remedies available to spouses who are negatively affected by the dissipation of marital assets in marriage in community of property and marriage out of community of property with accrual. In this thesis the question is asked: does the current law adequately protect one spouse from another spouse unfairly hiding or dissipating assets from their estate to prevent the equitable distribution of these assets to the other spouse on divorce? In order to answer this question, this thesis proceeds by examining each of the remedies in detail, looking specifically at the statutory remedies set out in the Matrimonial Property Act 88 of 1984, specifically those contained in ss 8, 15 and 20 of that Act. It also considers remedies found in the common law. Ultimately, the study finds that these remedies do not provide adequate protection to spouses affected by the dissipation of marital assets and looks at the particular reasons for this finding. The study then concludes by proposing reforms to provide better protection to affected spouses. These legal reforms include: amending the legislative framework, changing the determinative date of the accrual, legislating a requirement for full disclosure of assets in terms s 8(1) of the Matrimonial Property Act and, finally, advocating for a flexible interpretation of the requirements of s 20 of the Matrimonial Property Act and the common law anti-dissipation remedy. , Thesis (LLM) -- Faculty of Law, Law, 2023
- Full Text:
- Authors: Mahlangu, Busisiwe Hlophane Maria
- Date: 2023-10-13
- Subjects: Uncatalogued
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/424130 , vital:72126
- Description: Dissipation of marital assets takes place where one spouses uses the marital assets with the intention to frustrate the equitable distribution at the dissolution of marriage. This kind of behaviour usually occurs when one spouse anticipates a divorce or when the final divorce order is pending. In this context then, this thesis aims to critically analyse the effectiveness of the legal remedies available to spouses who are negatively affected by the dissipation of marital assets in marriage in community of property and marriage out of community of property with accrual. In this thesis the question is asked: does the current law adequately protect one spouse from another spouse unfairly hiding or dissipating assets from their estate to prevent the equitable distribution of these assets to the other spouse on divorce? In order to answer this question, this thesis proceeds by examining each of the remedies in detail, looking specifically at the statutory remedies set out in the Matrimonial Property Act 88 of 1984, specifically those contained in ss 8, 15 and 20 of that Act. It also considers remedies found in the common law. Ultimately, the study finds that these remedies do not provide adequate protection to spouses affected by the dissipation of marital assets and looks at the particular reasons for this finding. The study then concludes by proposing reforms to provide better protection to affected spouses. These legal reforms include: amending the legislative framework, changing the determinative date of the accrual, legislating a requirement for full disclosure of assets in terms s 8(1) of the Matrimonial Property Act and, finally, advocating for a flexible interpretation of the requirements of s 20 of the Matrimonial Property Act and the common law anti-dissipation remedy. , Thesis (LLM) -- Faculty of Law, Law, 2023
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M.M. Hala: Memoirs of an Umkhonto WeSizwe Cadre
- Authors: Hala, Mzimasi Mike
- Date: 2022-10-14
- Subjects: African National Congress , Umkhonto we Sizwe (South Africa) , Anti-apartheid movements South Africa , Anti-apartheid activists South Africa , South Africa Politics and government 1948-1994 , Hani, Chris, 1942-1993 , Holomisa, Bantu, 1955- , Bisho massacre
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/406785 , vital:70307
- Description: Born in Komani (Queenstown) in 1959 and detained for Congress of South African Students (COSAS) activities while still at school, Mzimasi Mike Hala departed South Africa via Swaziland in 1981 and joined uMkhonto WeSizwe (MK). Trained in Angola, Cuba and East Germany, he commanded Cacuso camp in Angola, until redeployed to South Africa in 1987 to work underground in Venda and Cape Town. Following the unbanning of the liberation movements in 1990, he was appointed Commander of MK’s Transkei Region, where he was in charge of Chris Hani’s personal security. For reasons of space, the memoir does not proceed beyond his integration into the South African National Defence Force (SANDF) with the rank of Lieutenant-Colonel and second-in-command of SANDF Group 46 in Mthatha. Besides its value as a primary source of previously undocumented information, the thesis seeks to bridge the gap between the academic literature on MK and the lived experience of MK soldiers. Having considered both the academic literature and the published MK memoirs in Chapter One, the thesis refers back to the literature in narrative chapters Two to Five. Consolidating its findings in its conclusion, the final chapter is divided into three sections: the political culture of MK, MK gender dynamics and the consequences of the political merger of the “exiles,” including MK, and the “inziles” who subsequently came to dominate the ANC. , Thesis (MA) -- Faculty of Humanities, Institute of Social and Economic Research, 2022
- Full Text:
- Authors: Hala, Mzimasi Mike
- Date: 2022-10-14
- Subjects: African National Congress , Umkhonto we Sizwe (South Africa) , Anti-apartheid movements South Africa , Anti-apartheid activists South Africa , South Africa Politics and government 1948-1994 , Hani, Chris, 1942-1993 , Holomisa, Bantu, 1955- , Bisho massacre
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/406785 , vital:70307
- Description: Born in Komani (Queenstown) in 1959 and detained for Congress of South African Students (COSAS) activities while still at school, Mzimasi Mike Hala departed South Africa via Swaziland in 1981 and joined uMkhonto WeSizwe (MK). Trained in Angola, Cuba and East Germany, he commanded Cacuso camp in Angola, until redeployed to South Africa in 1987 to work underground in Venda and Cape Town. Following the unbanning of the liberation movements in 1990, he was appointed Commander of MK’s Transkei Region, where he was in charge of Chris Hani’s personal security. For reasons of space, the memoir does not proceed beyond his integration into the South African National Defence Force (SANDF) with the rank of Lieutenant-Colonel and second-in-command of SANDF Group 46 in Mthatha. Besides its value as a primary source of previously undocumented information, the thesis seeks to bridge the gap between the academic literature on MK and the lived experience of MK soldiers. Having considered both the academic literature and the published MK memoirs in Chapter One, the thesis refers back to the literature in narrative chapters Two to Five. Consolidating its findings in its conclusion, the final chapter is divided into three sections: the political culture of MK, MK gender dynamics and the consequences of the political merger of the “exiles,” including MK, and the “inziles” who subsequently came to dominate the ANC. , Thesis (MA) -- Faculty of Humanities, Institute of Social and Economic Research, 2022
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The role of Facebook in a survivor’s post-assault life: rape on campuses, women activists, and mental health
- Authors: Witi, Sinethemba Juliet
- Date: 2022-10-14
- Subjects: Online social networks , Rape in universities and colleges South Africa Makhanda , Student movements South Africa Makhanda , College students Mental health South Africa Makhanda , Sex crimes South Africa Makhanda , Social media and college students South Africa Makhanda , Intersectionality (Sociology) , Womanism
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/405952 , vital:70222
- Description: The rise of Social Networking Sites (SNSs) has raised concerns about the negative impact social media platforms, and in particular Facebook, has on their users. Research has linked the excessive use of Facebook with mental health challenges such as loneliness, depression, and stress. This research examined how Yolanda Dyantyi, a gender rights activist registered as a student from 2015 to 2017 at Rhodes University, used Facebook as an outlet following the #RUreferencelist protests and her subsequent permanent exclusion from the institution for her role in the protests. The study explored Dyanti’s use of Facebook, examining in particular her ongoing activism, her mental health challenges, and her struggles to re-establish herself in a community after the exclusion from Rhodes. The study employed an intersectional feminist theoretical framework and drew on a qualitative content analysis, a semi-structured interview, and the scroll back method to review the Facebook posts she had made. A thematic analysis of the data showed that Dyantyi is a multifaceted, and evolving Facebook user and contrary to existing research her prolific use of Facebook has had positive effects on her mental health and has enabled her to build social capital. The study suggests that activism is an important component to research alongside studies of mental health on such media platforms. , Thesis (MA) -- Faculty of Humanities, School of Journalism and Media Studies, 2022
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- Authors: Witi, Sinethemba Juliet
- Date: 2022-10-14
- Subjects: Online social networks , Rape in universities and colleges South Africa Makhanda , Student movements South Africa Makhanda , College students Mental health South Africa Makhanda , Sex crimes South Africa Makhanda , Social media and college students South Africa Makhanda , Intersectionality (Sociology) , Womanism
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/405952 , vital:70222
- Description: The rise of Social Networking Sites (SNSs) has raised concerns about the negative impact social media platforms, and in particular Facebook, has on their users. Research has linked the excessive use of Facebook with mental health challenges such as loneliness, depression, and stress. This research examined how Yolanda Dyantyi, a gender rights activist registered as a student from 2015 to 2017 at Rhodes University, used Facebook as an outlet following the #RUreferencelist protests and her subsequent permanent exclusion from the institution for her role in the protests. The study explored Dyanti’s use of Facebook, examining in particular her ongoing activism, her mental health challenges, and her struggles to re-establish herself in a community after the exclusion from Rhodes. The study employed an intersectional feminist theoretical framework and drew on a qualitative content analysis, a semi-structured interview, and the scroll back method to review the Facebook posts she had made. A thematic analysis of the data showed that Dyantyi is a multifaceted, and evolving Facebook user and contrary to existing research her prolific use of Facebook has had positive effects on her mental health and has enabled her to build social capital. The study suggests that activism is an important component to research alongside studies of mental health on such media platforms. , Thesis (MA) -- Faculty of Humanities, School of Journalism and Media Studies, 2022
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