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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

Science school of excellence for Grade 11 learners launched
2009-04-21

 
At the launch of the Science School of Excellence were, from the left: Prof. Neil Heideman, Vice-Dean: Faculty of Natural and Agricultural Sciences at the UFS, Mr John Davids, General Manager, Volksblad, Ms Lorraine Botha, Chief Professional Officer, Centre for Education Development at the UFS, and Rev Kiepie Jaftha, Chief Director: Community Service at the UFS.
Photo: Dalene Harris

Science school of excellence for Grade 11 learners launched

The Faculty of Natural and Agricultural Sciences at the University of the Free State (UFS) has launched a project to give top Grade 11 learners an idea of what the faculty has to offer by giving them a ‘university-type’ experience.

The Science School of Excellence Project was launched last week during a function where the university’s schools support programmes were introduced to the management and members of staff.

The project is aimed at Grade 11 learners in the Free State who obtained an overall average of 80% in the 2008 Grade 10 final examinations. This includes a minimum score of 80% (Level 7) in Mathematics and a minimum score of 80% (Level 7) in Physical or Life Science during the same examination. It will be presented on the Main Campus in Bloemfontein from 6-9 July 2009. The closing date for applications is 8 May 2009.

“By presenting this project we want to stimulate learners’ interest in the natural and agricultural sciences, give them an idea of what we have to offer, raise their interest to come and study at the UFS and let them know that we cherish them as role models in their schools and as academic leaders of the future,” said Prof. Neil Heideman, Vice-Dean of the Faculty of Natural and Agricultural Sciences at the UFS.

According to Prof. Heideman the Science School of Excellence will take on the form of small lab and field projects which the learners will carry out under the supervision of staff and postgraduate students. An application fee of R50 per learner must be paid by the school and a maximum of 80 learners can be accommodated. The 80 learners will be selected on a first come, first served basis and a registration fee of R200 per learner has to be paid after they have received notice that they have been accepted. Letters in this regard have been sent to principals of secondary schools in the Free State. “We will also include 10 learners from disadvantaged rural schools, who will be fully sponsored,” said Prof. Heideman.

“Fourteen of our departments will be presenting programmes, during which learners will engage in challenging exercises that will be ‘out of school’ experiences involving laboratory experiments and research activities typical of our faculty,” said Prof. Heideman.

Five other schools support programmes of the UFS were also presented during last week’s launch function. They were the Itjhoriseng Project, which is a skills development course in Mathematics and Physical Sciences for teachers in the Further Education phase; the Science for the Future Project that aims to encourage more learners to enter into science-related studies and careers; the Qwaqwa School Support Programme that aims to improve the year-end results of Grade 12 learners and a project by the South African Foundation for Economic and Financial Education (SAFEFE) and the National Council of Economic Education (NCEE),which aims to improve the economic and financial literacy of teachers.

“The university’s role in the development of teachers and learners in various subject fields has increased tremendously over the past couple of years. Learners are our students of the future. As a university we must do as much as we can to equip them and their teachers with the necessary skills to better themselves,” said Rev. Kiepie Jaftha, Chief Director: Community Service at the UFS at the launch of the Science Schools for Excellence Project.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
20 April 2009

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