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

Business Management students scoop Tata Africa Scholarship awards
2016-12-09

Description: Tata Africa Tags: Tata Africa 

From left: Mr Harneet Luther, Nomcebo Langa
(first-place winner), Palesa Makhetha and Dr Johan van Zyl.

Tata Africa celebrated the class of 2016 of the Department of Business Management at the University of the Free State (UFS) on 1 December 2016 on the Bloemfontein Campus. As part of the company’s Postgraduate Scholarship Programme, 11 academically and financially deserving students will have their postgraduate studies sponsored in 2017.

The scholarship programme was initiated by the Department of Business Management in 2012, in collaboration with Tata Africa. The aim is to provide final-year Strategic Marketing students an opportunity to apply their theoretical knowledge by developing practical marketing strategies for any one of the Tata Group companies operating in Africa.

Students were invited to present their ideas to a panel of UFS and Tata Africa representatives, who selected the category winners. The categories were for the Tata Bakkies, Jaguar vehicles, Tata Chemicals in Magadi, Kenya, and Land Rover vehicles, intended to enhance the business’ competitive edge. The top three winners were Nomcebo Langa, Internal Marketing; Johan Nel, #OutPaceThis campaign; and Jesse Heath, Entrepreneurial Development campaign.

Topics covered by the students include target market identification, development of practical marketing strategies (digital and traditional), service strategies, experiential campaigns and application design.  The Executive Director of Tata Africa Holdings, Mr Len Brand, said, “In the course of change in Africa and South Africa, in particular, we are very honoured to inspire young minds to bring innovative marketing solutions to the Tata business. We hope that their creativity will also inspire innovations in business, government, and civil society that will ultimately sell South Africa and Africa as good investment destinations.”  

Dr Johan van Zyl from the Centre for Development Support congratulated the winners and encouraged them to continue on the path of augmenting creativity in business. In presenting the awards, Executive Director of Tata Automobile Corporation SA, Mr Harneet Luther, spoke of the origins of the Tata company, its vision and the level of innovation that its founders had, which was necessary in propelling it to where it is today. He commended the students for their outstanding performance and innovative campaigns. Since 2006, over 250 scholarships have been awarded through the University of the Free State, the University of KwaZulu-Natal and Wits University.

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