Feature Articles

Parental rights in known sperm donor agreements

By Herbert James David Robertson The South African family law fraternity is familiar with surrogacy agreements. The surrogacy agreement has been incorporated into South African family law with the introduction […]

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Indigenous communities and land claims – a discussion

By George Barrie In the article ‘Revisiting the term “community” in the South African context’ 2018 (Dec) DR 18, Udo Richard Averweg and Professor Marcus Leaning once again brought to […]

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Step ahead carefully – the uncertainty of unfair contracts continues

          In the case of Botha and Another v Rich NO and Others 2014 (4) SA 124 (CC) the Constitutional Court (CC) held that the exercise […]

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The High Court still has jurisdiction in labour matters

By Bayethe Maswazi Before the Constitutional Court (CC) decision in Chirwa v Transnet Limited and Others 2008 (3) BCLR 251 (CC) it was easy to determine whether the High Court […]

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Muslim widows’ right to inherit renounced benefits from their husband’s estate

By Clement Marumoagae Historically, the South African public policy was crafted on Eurocentric ideals, which regarded everything that was not in line with western and Christian moral values as invalid […]

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A right to consular assistance: Some general observations

In June 2018, the media was abuzz about 51 young South Africans who had been detained by the authorities in China after having found themselves embroiled in a visa scam. […]

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Does SA have the required framework for mutual legal assistance and extradition?

By Mohammed Moolla It is generally accepted that once a crime has been committed, it should be investigated, the perpetrator should stand trial and on conviction be punished for their […]

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Determining the crime for concealment of birth

  As an assessor in the High Court for approximately ten years after my formal retirement in 2010, the experience of confrontation with legal issues has exposed me to prosecutions […]

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Is the Road Accident Fund’s litigation in urgent need of review?

By Prof Hennie Klopper The Road Accident Fund (RAF) regularly laments its precarious financial position and has consistently blamed legal practitioners for this. One of the RAF expenses that had […]

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Obscurity on the issue of filing security in review applications

  By Vishal Ramruch The Labour Relations Act 66 of 1995 (LRA) was amended to include subs (7) and (8) into s 145, with effect from 1 January 2015. These […]

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