Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
29 February 2024 | Story VALENTINO NDABA | Photo Stephen Collett
Prof Bradley
Prof Bradley Smith tackles the ambiguities surrounding trust misuse during divorce proceedings.

In his inaugural lecture on 21 February 2024 at the University of the Free State (UFS), Prof Bradley Smith explored the complexities of trust misuse in the context of property disputes during divorce proceedings. Prof Smith is an Extraordinary Professor at the UFS Faculty of Law. Drawing on two decades of judicial evolution in the Supreme Court of Appeal (SCA), Prof Smith highlighted the inconsistencies in the SCA’s treatment of this issue that impedes attempts to curb “divorce planning” by way of a trust and proposed solutions to address them.

One of the core issues he identified is the abuse of trusts, where assets are placed within a family trust to diminish a spouse’s personal estate value while treating the trust property as personal property for personal gain. This is often done in an attempt to evade the financial consequences of divorce. Prof Smith explained that this practice undermines the essence of trust law and that the inconsistent approaches by our courts exacerbate the challenges in dividing property during divorce proceedings in a manner that respects the spouses’ matrimonial property regime.

Navigating challenges: reflections on research and its importance

Prof Smith’s proposal revolves around the development of a consolidated test for piercing the veneer of an abused trust, aiming to enhance legal certainty. He emphasised the necessity of a unified approach. “Utilising this test will ensure uniformity because of its applicability to all marriages out of community of property, irrespective of whether the accrual system is involved,” he said.

His meticulous examination of conflicting judgments was praised by Dr Brand Claassen, head of the Department of Private Law, who described it as “the work of a master craftsman”. Retired Judge of Appeal, Eric Leach, also highlighted its critical importance in clarifying complex legal issues for the public good.

“It is of critical importance and in the public interest for judicial decisions, particularly those of higher courts such as the Supreme Court of Appeal and Constitutional Court, to be subjected to careful and considered analysis and, if needs be, criticism. Prof Smith’s inaugural lecture on combating trust form abuse in the context of matrimonial property claims at divorce, in which he carefully considered and analysed the conflict between several Supreme Court of Appeal judgments, was a valuable and important study on the issue,” said Judge Leach. He added that he hoped Prof Smith’s research would be considered by the SCA in future.

Future directions: advancing discourse and sound legal theory

Looking ahead, Prof Smith envisions further research into the applicability of the consolidated test to marriages in community of property, aiming to address remaining uncertainties that lie at the intersection of matrimonial property and trust law. He emphasised the importance of countering the prevailing “catch-me-if-you-can” attitude in divorce matters, advocating for proactive measures to uphold fairness and justice in matrimonial property disputes.

In conclusion, Prof Smith’s inaugural lecture provided valuable insights into combating trust form abuse within the context of matrimonial property claims at divorce. His proposed solutions and ongoing research efforts signify a commitment to advancing discourse on trust law theory and practice, with the ultimate aim of a sound judicial approach that serves the needs of South African society.

News Archive

Art collection reflects values of SA Bill of Rights
2017-09-14

Description: Zanele Muholi Art Exibition Tags: Zanele Muholi Art Exibition 

One of the photos that are on exhibition at the
Johannes Stegmann Gallery.
Photo: Supplied

Our human rights are enshrined in the constitution. This is exactly what the Art of Human Rights collection reflects, as it responds to the values and ideals instilled in the South African Bill of Rights.

This collection is currently on display at the Johannes Stegmann Art Gallery at the University of the Free State (UFS). The exhibition opened on 23 August and will run until 23 September 2017.

Work of renowned artists and poets on display
The collection features renowned artists and poets such as Virginia Mckenny, Busiswa Gqulu, Andries Botha, Kobus Moolman, and many more. There are also articles from prominent South Africans such as the late Ahmed Kathrada, Mike van Graan, Justice Edward Cameron, and former UFS Rector, Prof Jonathan Jansen.

Collection engages 27 clauses in Bill of Rights
The Art of Human Rights is a print portfolio which is an initiative of Art for Humanity (AFH). It is a non-profit organisation, based in Durban, which engages with cultural production, specifically in the visual arts, to promote human rights awareness regionally and globally.

Twenty-nine South African artists and 27 poets have created artwork for the collection. They engaged with the 27 clauses of the Bill of Rights by looking at socio-economic issues which is still prevalent in the democratic diaspora of SA. The collection addresses issues such as racism, poverty, poor education, and lack to efficient health care. These are all threats to our young democracy.

Johannes Stegmann Art Gallery hours (Bloemfontein Campus): Monday to Friday 08:30–16:30

Description: Andries Botha Art exibition Tags: Andries Botha Art exibition

 

 

 

 

 

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept