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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

Space-based information plays vital role in disaster-risk reduction
2017-02-28

Africa is one of the continents most affected by disasters triggered by natural hazards. The result of climate change is a reality that affects every human being, whether it is extreme heat waves, cyclones, or the devastation of drought and floods. Climate change can provoke injuries or fatalities and affects the livelihoods of people in both rural communities and urban areas. It triggers damage and losses in various sectors of development, such as housing, road infrastructure, agriculture, health, education, telecommunications, energy, and affects routine economic processes leading to economic losses.

According to Dr Dumitru Dorin Prunariu, President of the Association of Space Explorers Europe, space programmes have become an important force defining challenges of the 21st century. “Space observation is essential for climate-change monitoring,” he said.

Dr Prunariu was the keynote speaker at a two-day symposium on climate resilience and water that was hosted by the Disaster Management Training and Education Centre for Africa (DiMTEC), at the University of the Free State (UFS). He participated in the Soviet Union’s Intercosmos programme and completed an eight day-mission on board Soyuz 40 and the Salyut 6 space laboratory, where he and fellow cosmonaut Leonid Popov completed scientific experiments in the fields of astrophysics, space radiation, space technology, space medicine, and biology. He is the 103rd human being to have travelled to outer space.

The focus of Dr Prunariu’s lecture was: Space activities in support of climate change mitigation and climate resilience.

Description: Dr Dumitriu Dorin Prunariu Tags: Dr Dumitriu Dorin Prunariu

Dr Dumitru Dorin Prunariu, the 103rd human
being in outer space and President of
the Association of Space Explorers Europe.
Photo: Charl Devenish

Space-based information, an extra eye that can detect a way out during disasters
“For governments to support communities affected by any disaster, precise and up-to-date information on its impacts is essential as a way to respond in a timely and effective way,” said Dr Prunariu.

Space-based information (derived using Earth observation, global navigation satellite systems, and satellite communications) can play a vital role in supporting disaster-risk reduction, response, and recovery efforts, by providing accurate and timely information to decision-makers.

“With space-based information, disaster management teams will be able to take note of recently established roads that may not appear in typical maps produced by National Geographic Institutes, but which could be used as emergency evacuation routes or as roads to deliver humanitarian assistance to those who require it in remote areas."

Space-based tools help decision-makers to improve planning
“Space-based tools and spatial data infrastructure is also crucial for policy planners and decision-makers in increasing the resilience of human settlements. Using geographic data and information collected before the occurrence of major disasters in combination with post-disaster data could yield important ideas for improved urban planning, especially in disaster-prone areas and highly-populated regions.

“In the recovery process, information on impact is used by governments to provide assistance to those affected, to plan the reconstruction process, and to restore the livelihoods of those affected,” said Dr Prunariu.

“Space observation is
essential for climate-
change monitoring.”

The symposium was attended by representatives from Liberia, Nigeria, Kenya, Ghana, Namibia, and Zimbabwe, with various international scientists from Europe imparting their expert knowledge on water and global resilience. The presence of these international experts strengthened global networks.

It isn't important in which sea or lake you observe a slick of pollution, or in the forests of which country a fire breaks out, or on which continent a hurricane arises, you are standing guard over the whole of our Earth. - Yuri Artyukhin: Soviet Russian cosmonaut and engineer who made a single flight into space.

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