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

Elzmarie honoured internationally for economics education
2012-10-13

Elzmarie Oosthuizen (middle) with Prof. John Brock of Colorado University in Colorado Springs and Prof. Claudia Parliament of Minnesota University.
12 October 2012

An exceptional honour has been bestowed on Elzmarie Oosthuizen of the Faculty of Natural and Agricultural Sciences with the awarding of the Patricia K. Elder International Award to her in America at the beginning of October 2012.

The award is made by the National Association of Economics Educators and the Council for Economics Education (CEE). It gives recognition to individuals whose outstanding and committed service makes a meaningful impact on the delivery of economics education worldwide. The award was made to her at the 51th annual Financial Literacy and Economics Education Conference in Kansas City, Missouri.

Elzmarie is Manager: Teaching and Learning in the Faculty. She was originally appointed to manage various projects to better prepare students for what is expected of them.  She teaches in the extended programme and achieved success with bridging mathematics and the changing methodologies that she uses.

She plays an active role in international economics education programming. Elzmarie was an essential element in the development of CEE’s programmes in South Africa and has now moved to expand economics education programmes to Namibia, Lesotho and Botswana. 

She successfully participated in the CEE’s Train the Writers programme and lobbied the CEE to provide a mentoring programme that would prepare participants to offer a training of writers programme within their own country. This year, she presented the first writers programme for South African teachers.

Claudia Parliament, Director of the Minnesota Council on Economics Education, said in her recommendation for the award:  “Elzmarie is a change agent.  She has boundless energy.  Few can keep up with her work pace.  She has put economics education on the map in South Africa and she is poised to have a similar impact in other countries in southern Africa.”

Elzmarie says: “I feel very honoured to have received this award.” Since 2004, she has worked very hard and trained some 800 teachers. In 2011, some 200 000 children were reached through the training.

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