NO for POPI reasons.

I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.

Thank you for your time and I look forward to hearing from you.

Kind regards,

Nikki Bower – Sustainability| Marketing | Events
[email protected]
021 – 852 3527

Posted on 11 February 2025 by Telelaw

Heartlands Baby Sanctuary

An event of excellence

Playing it Forward at De Zalze Golf course:

25^th October 2024

A little bit about Heartlands:

Heartlands Baby Sanctuary, in Somerset West, is a residential (24 hour, 7 days a week) safe care facility that opened its doors 9 years ago. The facility aims to provide safety and protection for children who desperately need it. These are children who have endured unimaginable abuse, neglect, and abandonment, or who may have disabilities that make them even more vulnerable.

Throughout the years, we have been able to provide a home – like environment, to help make a positive impact on the lives just under 400 children. We have developed specialised programs to address their unique needs during their stay with us, and we have made remarkable differences. Witnessing how these children flourish and find happiness when they are shown love, care, and safety has been both heartbreaking, however, more heartwarming.

Children who get a healthy start to life in the 1^st 1 000 days and beyond are:

10 times more likely to overcome life threatening childhood diseases
More likely to complete nearly 5 more grades in school
More likely to go on to earn 21% more in wages as adults
More likely to have healthier families of their own

Our key annual fundraising event

`If it goes right, it’s a slice, if it goes left, it’s a hook,

if it goes straight, it’s a miracle’ Doug Fields

This year, De Zalze are only allowing 5 charities to hold golf days, and Heartlands has been selected as one from countless others, given the very high standard of our previous golf days.

THE ASK:

This fundraising golf day aims to contribute significantly towards bringing our annual costs down, but not only that, it will assist us in raising more financial support through exposing us to potential new donors. De Zalze is recognized as a five-star golf course in South Africa, attracting very high LSM players.

Your benefits as a sponsor / donor:

Elevate your brand visibility, forge new customer connections, foster business collaborations, and relish a memorable time on the course—all while championing a noble cause.
Discover a spectrum of sponsorship options tailored to suit your budget and marketing objectives at our tournament.
Ensure that you, your colleagues, and esteemed clients can enjoy an exhilarating Playing it Forward, Heartlands Baby Sanctuary Golf Day, with huge benefits such as unique auction items and prizes.
Transform Lives While Boosting Your Brand

Sponsorship opportunities include: (some of which are tax-deductible)

Co-Branded golf shirts: max. R16 000 for staff and volunteers and 4 x representatives from your company (qty 40 – approximately R400 per shirt including embroidery)

Dinner incl. set up: R32 000 (big, delicious braai platters) – tax-deductible.
Taking a 4-ball R7 000 and/ or sponsoring a dry hole R4 500 or wet hole R5 000
Overall contribution towards golf day – tax-deductible pending client requests
TITLE SPONSOR R70 000 includes all of above including branding throughout the venue and at the entrance and deck, positioning on TV screens at the venue, newsletter (5 500 reach), Facebook (7 700 reach) and includes one 4-ball and one wet hole.

PLUS

Potential access to the database, pending question at registration to receive communication from yourselves with a YES/ NO for POPI reasons.

I do hope you can assist us in our fundraising, Day of Difference, Playing it Forward golf day. We would love to have you on board for an awesome day out on the golf course, whilst giving you great visibility and the opportunity to meet new clients, and to spoil your existing clients. If you are not able to help with the golf day, there are various other ways of helping. Simply liking and sharing our social media posts, and circulating this with friends, family and colleagues, will help create awareness around the work we do, helping us immensely.

Thank you for your time and I look forward to hearing from you.

Kind regards,

Nikki Bower – Sustainability| Marketing | Events

[email protected]

021 – 852 3527

Relocation of a minor child from South Africa without the other parent’s consent – Is it possible?
We frequently receive inquiries from parents in South Africa who are considering relocating abroad with their minor child but lack the consent of the other parent. This situation can be complex and arises for various reasons. In some cases, the parent may have lost contact with the other parent and does not know where they are. In other instances, they might be aware of the other parent’s location but choose not to engage with them due to a strained relationship or previous negative experiences. Often, the other parent has not been involved in the child’s life for a significant period.
There is no simple yes or no for relocation without the other parent’s consent
It is essential to understand that decisions regarding relocation cannot be boiled down to a simple “yes” or “no.” Several critical factors must be evaluated before proceeding. For starters, one must determine if there is a court order in place that grants the other parent any form of guardianship rights. If such a court order exists, it could significantly impact the ability to relocate without securing consent. Another consideration is whether the parents are married to each other, and whether the other parents has parental responsibilities and rights of guardianship.
What efforts have you made to locate the other parent?
Additionally, it is crucial to investigate what efforts have been made to locate the other parent. Questions such as whether you have conducted a thorough search and tried to reach out through mutual acquaintances or even sought professional investigation services should be taken into consideration. Furthermore, understanding the reasons why the other parent is absent from the child’s life can provide insight into the potential implications of relocating without their consent. When determining whether the other parent should be informed about the proposed relocation or whether their consent needs to be obtained, the above mentioned factors are vital. If you conclude that the other parent cannot be located and there are no existing legal barriers preventing you from taking your child abroad, then there is generally no reason to stop the relocation from occurring.
Potential challenges when relocating with the minor child without the other parent’s consent
However, potential challenges may arise when it comes to leaving South Africa, particularly if the other parent’s information appears on the child’s birth certificate. Immigration officials or other authorities may raise questions about the absence of the other parent;’s consent, which could complicate the departure process. Furthermore, even after relocation, you may encounter issues surrounding consent for various activities involving your child, such as enrolment in school or medical treatment. Schools, hospitals, and other institutions often require information about the other parent and may ask for their consent, necessitating a clear explanation of your situation.
Other legal complications
Lastly, it is worth considering that the other parent could unexpectedly come forward and contest the relocation. Generally, if the other parent does not possess legal guardianship rights, their ability to dispute your decision may be limited. However, it’s wise to prepare for any potential complications that could arise. Having legal support or advice can be invaluable when navigating these intricate issues to ensure a smooth transition for both you and your child. If you require legal advise on an issue of relocation, or legal assistance, feel free to schedule a consultation with us using the link below:

Posted on 11 February 2025 by Telelaw

Relocation with my minor child to Vietnam, Ha Long (Consent and Refusal) – Advocate Muhammad Abduroaf

The world is becoming a much smaller place, and technology plays a huge role. People are moving across the world for employment, love and happiness, something that was not the norm a few decades ago. There is no reason why you should remain in South Africa if you can find a better life for yourself and your family overseas. Moving overseas may provide you with the quality of life you want or the possibility of experiencing things you always wanted. The same applies to your child or children relocating with you.

Relocation of your minor child to Ha Long, Vietnam

If you are single and do not have any minor children, then moving around the world would not be too complicated. All you need to do is ensure that you have the necessary travel documentation and travel ticket (and spending money), and off you go. However, if you want to travel with your minor children (for example, ages five or six) or relocate to another country, things may not be that simple. Firstly, if there is another parent, and he or she has parental responsibilities and rights, then his or her consent is required. For example, let us say you live in Butterworth or Bloemfontein, South Africa, and you want to relocate to Ha Long, Vietnam, you would require the other parent’s consent to leave South Africa with your minor child. This can cause challenges, especially if the staying parent (in South Africa) does not agree to the relocation.

What about Passport Consent to travel or relocate to Ha Long, Vietnam?

The same applies when it comes to your minor child applying for a South African passport to relocate to Vietnam, or any country. Both parents who have parental responsibilities and rights of guardianship will have to consent to the minor child’s passport application as well. In this regard, both parents have to be at the Department of Home Affairs (or the relevant bank that also assists with passport application) when making the Application with the minor child. This can be challenging if you have a disinterested parent who does not want to cooperate with the passport application. As you will see later, legal action would need to be taken.

What are the steps to follow when I want to relocate to Ha Long, Vietnam with my minor child? There is there another parent.

To simplify the process for relocation, the first step would be to receive the other parent’s consent in principle for the relocation and that he or she will co-operate in this regard. Once that has been resolved, the parent relocating would need to make the appointment for the minor child’s passport application as well as the application for the relevant VISA. Each country has different requirements; however, seeing that it is a relocation, you need to apply for the correct VISA. For that, you need the Passport. Once the visa and travel arrangements have been finalised, the parent remaining behind will sign a parental consent letter for the international travel. That letter can be found on the Department of Home Affairs website. Basically, the parent remaining behind would state that he or she gives consent for the minor child to leave the Republic of South Africa and travel and/or relocate to Ha Long, Vietnam.

What can I do if the other parent does not want to consent to the minor child’s relocation to Ha Long, Vietnam?

If the parent remaining in South Africa does not want to consent to the minor child’s passport application and/or his or her relocation to Ha Long, Vietnam, then you would need to approach the Court. The Court, as upper guardian of the minor child, may order that the parent’s consent for the passport application and relocation be dispensed with. What this entails is submitting Court documents explaining why you want to relocate to Ha Long, Vietnam. The other parent would also have an opportunity to give reasons why he or she objects. At the end of the process, the Court would determine what is in the minor child’s best interests. If it is in the minor child’s best interests to relocate to Ha Long, Vietnam, the Court would make it possible despite the issue of consent or refusal.

What is the first step I should take if the other parent does not want to consent to the minor child’s passport application and/or relocation to Ha Long, Vietnam?

If the other parent does not want to consent to the passport application and/or the relocation of the minor child to Ha Long, Vietnam – in that case, we suggest you approach an attorney or advocate (trust account) to assist you with the legal process. He or she would then contact the other parent explaining the reasons for the relocation and request the necessary consent. If the parent remaining in South Africa does still not agree to the passport application and/or to the relocation to Ha Long, Vietnam, then the attorney or advocate will proceed to take the matter to court. The legal route can be expensive. However, it is necessary to make the relocation of the minor child possible. You may also attend to the legal process yourself.

Getting legal assistance or help with your relocation application to Ha Long, Vietnam

If you require legal assistance or representation with relocating to Ha Long, Vietnam due to the other parent not cooperating or providing consent, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

Changing your matrimonial property regime from in community of property to out of community of property

Are you married? Do you know what is your matrimonial property regime?

To register your Antenuptial Contact, Click here. Are you married in Community of Property? Do you want to change your matrimonial property regime to Out of Community of Property? Did you not know that a marriage Out of Community of Property was possible when getting married? There is legal relief for you and your spouse.

In Community of Property

All civil marriages are automatically In Community of Property. This means that there is one estate shared between wife and husband. Therefore, if anyone of the spouses incurs a debt, that debt belongs to both of them.

Out of Community of Property

The other option is to get married Out of Community of Property. This means that there are two separate estates and each party is responsible for his or her own debt. For some people, this would be a better option, especially if you are a business person.

Accrual system

The usual process to be married Out of Community of Property is to enter into an antenuptial contract before the marriage. The contract will have clauses in it stating:

That there shall be no community of property;
That there shall be no community of profit or loss; and
That the accrual system provided for in Chapter 1 of the Matrimonial Property Act, no 88 of 1984 is expressly excluded from the marriage.

However, if you did not do so, there is a way of changing your matrimonial property regime from In Community of Property to Out of Community of Property. For this, you need the consent of the High Court in your Jurisdiction. Here you will make use of section 21 of the Matrimonial Property Act 88 of 1984.

Getting the High Court’s Consent to change your matrimonial property regime to Out of Community of Property

Once you and your spouse have decided to change your matrimonial property regime to Out of Community of Property, you would need to approach the High Court in your area for consent. If you know the law, legal process, Court rules, and procedure, you and your spouse can do it on your own. If you cannot do it on your own, an attorney would be able to do it for you. This the attorney may attend to with or without the assistance of an Advocate.

Drafting a post-nuptial contract

What they do is draft a post-nuptial contract for you which would outline what matrimonial property regime you want and also how the joint estate should be divided.

Application to the High Court for consent to change your matrimonial property regime to Out of Community of Property

Then they draft a Notice of Motion (notifying the Court what you want) and Founding Affidavit (your affidavit outlining your case etc.). Your case must satisfy the Court that:

There are sound reasons for the proposed change of the matrimonial property regime;
There has been sufficient notice to creditors regarding the proposed change; and
No other person will be prejudiced by the proposed change.

If, however, you cannot make a case for the above, your application may be unsuccessful.

Costs involved in changing your matrimonial property regime

As stated, you have to approach the High Court for consent to change your matrimonial property regime. There, therefore, would be the costs of an attorney who may instruct and advocate, and further costs in drafting and registration of the postnuptial contract. Furthermore, there is advertisement cost involved as you would have to give notice in the Government Gazette and in one or two local newspapers. You would further have to serve your application on the Registrar of Deeds and give notice to your creditors via registered mail. The total costs can range from R 25 000 – 00 should your matter be straight forward, to R 30 000 – 00 should it be more complicated.

Complicated applications to change your matrimonial property regime to Out of Community of Property

Complicated would mean the joint estate has many creditors. Furthermore, there may be many assets in the joint estate that needs to be divided, especially if they are not easily describable. The above-mentioned fee is obviously dependent on your application not being opposed by any interested party. One reason for opposing the application could be that the Joint Estate is deeply indebted to a creditor, and she feels that her claim would be prejudiced by the proposed change. Should your application be opposed for any reason, many more hours will be spent fighting for the success of your application which could costs you a small fortune and you may even be ultimately unsuccessful. Therefore, you would need to advise your legal team of all relevant facts before the application is made.

Time estimates to change your matrimonial property regime to Out of Community of Property

The estimated time in preparing your application, your post-nuptial contract and ultimately obtaining consent from the High Court is about 4 weeks. This is also dependent on whether or not the High Court is sitting within 4 weeks after the drafting of your application. If the High Court is in recess, a few extra weeks may apply. The Court may also want a report from the Registrar of Deeds which could cause delays.

Registering the postnuptial contract

Once your application is successful and the High Court, therefore, gave consent, you will usually have 3 (three) months to register the postnuptial contract. So once consent is granted, you need to see a Notary Public before whom you will sign your post-nuptial contract and then have it registered. This, therefore, needs to be done within the three months of obtaining the consent of the High Court.

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