Feature Articles

You have been served: An update on service of referrals to the CCMA on foreign defendants

In December 2017, De Rebus published an article on the service of legal process on foreign states and intergovernmental organisations (see Riaan de Jager ‘Diplomatic law: Service of process on […]

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Moving towards a guilt-free divorce

Before the Divorce Act 70 of 1979 (the Divorce Act) was promulgated, the grounds of divorce in South Africa (SA) were – malicious desertion; adultery; incurable mental illness; and imprisonment […]

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The termination of consent of lawful occupiers

By Johan van der Merwe Consent is the necessary condition to perform certain acts lawfully, and to gain or lose a particular legal status. Issues pertaining to consent are widespread […]

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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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