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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

Rag 2005
2005-01-20

20 January
Thursday

08:00-12:00 Rag Workshop - Westblock 202

Workshops are held to introduce the First Year
students to the work that is done by Rag & Kovsco
and the importance of their social responsibility towards their community.

10:30-11:30 Lettie Fouchè

The Central Rag committee visits and treats the children of Lettie Fouchè School.

Evening Collections - Mochacos, Waterfront

First years work hard to raise money via door
to door collections in the neighbourhoods of
Bloemfontein for charity. First years dress-up as
chickens and prizes can be won every night.


21 January
Friday

08:00-12:00 Rag Workshop - Westblock 202

Workshops are held to introduce the First Year
students to the work that is done by Rag & Kovsco
and the importance of their social responsibility towards their community.


22 January
Saturday

08:30 for 09:00 Ladies Tea
in conjunction with Sarie
co-sponsored by Audi & Pick’nPay Hypermarket

An enjoyable morning where the ladies of Bloemfontein and surrounding areas are treated with beautiful
layed tea tables and guest artists. The host of every table participate in a competition and prize winners for the most beautiful tables are announced. The guest artist for Ladies Tea 2005 is Nataniel.


24 January
Monday Evening Collections - Mochachos, Waterfront

First years work hard to raise money via door to door collections in the neighbourhoods of Bloemfontein for charity. First years dress-up as chickens and prizes can be won every night.

25 January
Tuesday
08:30-16:00 MGD Coronation Ball tickets for sale
29 January 2005
Sand du Plessis Theatre
R260 per couple

The prestige evening of Kovsie Rag filled with
great music, sound and a vibrant show. The MGD
Rag Queen and her princesses are crowned and Rag
also makes use of this opportunity thank its
sponsors.

16:00 Vote for Rag Finalists at men’s hostels float-
building areas

Students have the opportunity to vote for their
favourite Rag finalists at the float building areas.

17:00-22:00 Evening Collections - Mochachos, Waterfront

First years work hard to raise money via door
to door collections in the neighbourhoods of
Bloemfontein for charity. First years dress-up as
chickens and prizes can be won every night.


26 January
Wednesday

22:00 MGD Rag Finalist Mass - Scholtz Hall

An exciting mass is held for the students to introduce
the 10 beautiful Rag finalists.

27 January
Thursday

08:00 Ritsim Launch - City Lodge

Ritsim 2005 is launched and introduced to the
UFS Top Management and the sponsors.

09:00-16:00 Campus vote for MGD Rag Finalists at various
voting stations.

Various voting stations are placed on campus for the students to vote for their favourite MGD Rag finalists.

Voting stations: Callie Human; Soetdoring Cafeteria; Library; Medical Cafeteria and at the Thakaneng Bridge.

17:00-22:00 Evening Collections - Mochachos, Waterfront

First years collect money for charity


28 January
Friday Ritsim Bloemfontein City Sales

6:30 Brace your self for the students around every corner
on the streets of Bloemfontein. Support Kovsie RAG
and buy a Ritsim 2005 magazine.
R10 per copy

16:00-22:00 Potjiekos - Vodacom & Tiger Brands
(Unite for Hunger)
Coca Cola Fortune & ABSA

Students enjoy a great evening of potjiekos and try their best to persuade the judges that their potjiekos is the best. Music and entertainment is organized.

29 January
Saturday

05:00 Ritsim Rural Town Sales

The students drive off into the country to sell the Ritsim magazines in various towns. R10 per copy.


18:00 for 18:30 MGD Coronation Ball
Sand du Plessis Theatre
R260 per couple

The crowning of the RAG Queen is a spectacular
evening not to be missed. It is an evening filled with
vibrant music and colour and you will also be treated
with a great show. Kovsie Rag also thanks its
sponsors on this prestige evening.


30 January
Monday

13:00-14:00 Sent placing - Thakaneng Bridge

Come and donate your change and it place it on a letter of a hostel of your choice.


5 February
Saturday

08:00-10:00 ENGEN RAG Procession

Proud Kovsie students have worked very hard on their floats and can’t wait for this day. Please come and enjoy a great day with Kovsie RAG and your family.

Procession Route: The Procession starts at the Kovsie Church. The procession proceeds in Nelson Mandela Drive and turn right into Markgraaff street. We then turn right into Kingsway and stop in front of the stage at the Art Market. Prof. Fourie introduces a toast on Rag 2005 and enjoys a glass of champagne with our
beautiful Rag Queen and her princesses.

Please support the first years in put your change into their collection tins.

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