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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

UFS departments receive recognition for quality work from MACE
2017-12-07


 Description: 2017 MACE winners Tags: 2017 MACE winners 

The team from the Department of Communication and Brand Management,
UFS Marketing and Institutional Advancement who received awards at the
2017 Annual National MACE Congress.
Photo: Supplied

The Departments of Communication and Brand Management, UFS Marketing, and Institutional Advancement collectively won 16 awards during the 2017 Excellence Awards presented by the National Association of Marketing, Advancement, and Communication in Education (MACE), which took place in Johannesburg on 30 November 2017.  

Shared experiences and best practices 
The awards ceremony is part of the MACE Annual National Congress, which took place from 29 November to 1 December 2017 at the Wits School of Governance. The MACE Congress is a platform on which experts from the fields of marketing, advancement, and communication share experiences and best practices. This year’s programme included speakers such Basetsana Kumalo, CEO of Basetsana Woman Investment Holdings and a former Miss South Africa (1994), and first runner-up in the Miss World Pageant, Saint-Francis Tohlang, independent trend analyst and writer, Emma Sadleir, founder of the Digital Law Co and Leanne Manas, multiple award-winning TV presenter. 

Celebrating successes
Lacea Loader, Director of the Department of Communication and Brand Management at the University of the Free State, received an Award of Excellence Gold for the UFS Graduations Ceremonies Communication Strategy and an Award of Excellence for the UFS Rector’s inauguration and welcoming ceremonies. 

Mamosa Makaya, Deputy Director: Integrated Communication received two Merit Awards for, respectively, the Dumela newsletter and the Visitor’s Guide. Jóhann Thormählen, former employee in the department’s Internal Communication Unit, received an Award of Merit for the Wayde van Niekerk Campaign and an Award of Excellence Gold for the Student Newsletter. Thabo Kessah, also from Internal Communication, on the UFS Qwaqwa Campus, received an Award of Merit for the UFS Qwaqwa Campus Open Day video.  

"I am extremely proud of what we
have achieved this year and of
the quality and standard of the
work produced."

Martie Nortjé, Assistant Director of the Unit for Branding and Merchandise received an Award of Merit for KovsieGear Qwaqwa: Live the brand and set the trend. Leonie Bolleurs, Assistant Director of the Unit for Internal Communication received two Awards of Merit, for respectively, the UFS Schools Marketing Video and the UFS Corporate Profile and UFS Fingertips brochures. 

Ilze Bakkes from UFS Marketing received the Chairperson’s Award of Excellence for her entry, Top Achievers Early Bird Registration. The award is for the highest-scoring entry across all divisions. She also brought home the Award of Excellence Gold for Registration branding and communication – The Lighthouse Campaign, the Award of Excellence Gold for the Kick-Start Your “I-Want-To-B” Grade 9 Subject Choice Booklet and the Award of Excellence Gold for the Top Achievers Early Bird Registration project. Chantel Koller, also from UFS Marketing, received an Award of Merit for her Star of Stars Competition entry. 

The Institutional Advancement (IA): Alumni event planning committee received an Award of Excellence Gold for their entry: Chancellor’s Distinguished Alumni Awards Dinner. The committee consisted of Helen Namponya, Ntokozo Nkabinde, Tertia de Bruin, Nhlanhla Modzanane, and Elmada Kemp.

IABC Africa Award
“This is the second year in a row that the department has received so many accolades from its peers at MACE. I am extremely proud of what we have achieved this year and of the quality and standard of the work produced. The fact that we were also again acknowledged by the Africa Chapter of the International Association of Business Communicators (IABC) is also commendable,” said Loader. She is also the National Chairperson of MACE. 

Earlier this year, the Department of Communication and Brand Management received an IABC Africa Award of Excellence for the UFS 2017 Winter Graduation Ceremonies Communication Strategy from the International Association for Business Communicators (IABC). Loader collected the award during the Silver Quill Awards ceremony on 3 November 2017 in Cape Town.

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