Hinrichsen Attorneys

Living in the information age, data has commonly been considered a valuable asset. To avoid the exploitation of information at the expense of individuals the Protection of Personal Information Act 4 of 2013 (‘‘POPIA’’) was enacted. Although the POPIA was signed into law in 2013, only a few limited sections pertaining to the Act’s definitions, the Information Regulator, and the Regulations are in force. In preparation for the commencement of POPIA, it is imperative that all parties affected are aware of their rights and obligations. POPIA regulates South African institutions and the manner in which they collect, store, process, disseminate, and delete information. For purposes of POPIA, a responsible party refers to any body or person who determines the purpose of, and methods for, processing personal information and a data subject refers to the person to whom personal information relates.

Globally, women earn significantly less than their male equals.  The gender pay gap on the international scale currently weighs in at about 20%. Simply put, the term ‘‘gender pay gap’’ refers to the difference of average earnings between men and women. The term has taken centerstage globally and remains in the spotlight. In South Africa however, the topic seems peripheral to discussions this Human Rights Day. The International Labour Organization, in its Global Wage Report of 2018/19, found that South Africa has one of the highest wage inequalities among 64 other countries. A 2017 report by the World Economic Forum revealed that South African men earn an average of R 6600.00 more than women on a monthly basis. Apart from the fact that this disparity hinders economic growth, it also infringes on a woman’s human right to equality as it stems from unfair discrimination. Notwithstanding the South African legal system prohibiting discrimination, the gender pay gap remains a ch...

What is a cohabitation relationship? “Living together is an art.” – William Pickens. Cohabitation differs from a marriage in that it is a monogamous relationship between any two people that choose not to, or are not allowed to, get married but still live together as spouses. While cohabitation is often mistaken for a common law marriage, it is not recognised in South African law, regardless of how long the couple cohabitate together. Furthermore, Cohabitation does not automatically create any legal rights and duties between the applicable parties. The only way to currently regulate a cohabitation between two people is through a cohabitation agreement.

It's women's month, and with so many workplace sexual harassment scandals becoming headline news, it would be remiss not to include harassment in a discussion around women in the professional sphere. In spite of the incredible progress that has been made in the search for true gender equality, it is all to easy to become discouraged by what looks like a lack of systemic change when a new prominent harassment lawsuit appears in the news every other week. There are many inspiring examples of women pushing back against unfair treatment and structural imbalance – a particularly good example is that of Anita Hill.

A particular situation often faced by parties to a dispute is one where the underlying contract which dictates the terms on which the parties are arguing is either partly signed, or worse, not signed at all. It is important to consider the enforceability of such agreements. When considering case law, the question as to whether an unsigned contract is enforceable, may be answered as follows-  Aside from various types of legal documents where the signature of the parties is required by law, it is not required that an ordinary agreement that is documented in writing must always be signed by the contracting parties in order for it to create binding obligations between them. However, proving that the contracting parties have reached consensus in a written agreement that has not been signed places a high burden of proof on the claimant. 

Due to Hinrichsen Attorneys ever expanding presence, and in accordance with client demands, we have established a Cape Town Branch which opened in March of this year. While our new office offers all of the same services provided by us nationwide, our Cape Town branch, managed by Elke Kiehm, specialises in family law and deceased estate administration. This includes -