Talking Point July 2018

A succinct discussion of selected topical, legal matters

Dear Friends and Colleagues

I take great pleasure in submitting the July 2018 edition of Talking Point to you.  This edition is also on our website at

Bhimrao Ramji “Babasaheb” Ambedkar (1891 – 1956) was an Indian jurist, economist, social reformer, and politician.  He is known as the Father of the Indian Constitution (1950).

He was born into the Hindu Mahar caste (an “untouchable” caste).  In school, he was not allowed into the classroom, so he sat outside the door, and listened.  But he matriculated, qualified as a lawyer, and achieved several doctorate degrees in economics.

He was also very well spoken:

If I find the constitution being misused, I shall be the first to burn it.”

Every progress has its bill of costs and only those who pay for it will have that progress.”

Life should be great rather than long.”

More quotes from Babasaheb Ambedkar

In this issue:

Resignation is an Art

The Zeitz Museum of Contemporary Art Africa was recently in the news regarding an employment law matter.  We discuss the Labour Court case.

Greed in divorce

When sharing of the spoils in a divorce action, is the higher future earning capacity of one spouse a matrimonial asset in which the other spouse is entitled to share?  We discuss a UK case in which this question is answered.

Go with the flow

Land developments cause storm water to flow downhill otherwise than in when the land was in a pristine state.  We discuss a case involving a downhill neighbour who objected to the deluge.

A not so restrictive horizontal practice

Surprisingly, restrictive horizontal practice cases are rather rare.  We discuss a case involving a fairly standard non-compete clause in a shareholders agreement.

 Shipwrecked and hungry

The famous legal case in this issue in an 1884 English criminal case dealing with the question whether necessity is a defence to a charge of murder.  Note the beautiful use of the English language by the Judges.

As always, I would greatly appreciate your feedback on Talking Point. Please email me at


Charl Theron