2014 prize winners for best articles published in De Rebus

May 1st, 2015

By Nomfundo Manyathi-Jele

Polokwane attorney, Magdeleen de Klerk (48) has won the 2014 LexisNexis Prize for Legal Practitioners for the best article by a practising attorney published in De Rebus.

She has won the award for her article titled ‘Fair Divorce: Misconduct does not play a role in forfeiture claims,’ published in 2014 (April) DR 37.

The article dealt with the fact that forfeiture of the benefits of a marriage is not about ‘punishment’ of a party for substantial misconduct or, in other words, a moral judgment. The article looked at how, even if substantial misconduct is proved, forfeiture will not be granted (against the alleged ‘guilty’ party) if he or she has contributed namely, financially, by way of assets or in the traditional sense (as housewife and mother).

Ms de Klerk has won an iPad mini and one year’s free access to LexisNexis Practical Guidance. She told De Rebus that she is humbled and honoured to have won this prize.

Ms de Klerk has been a practising attorney in Polokwane for the past 21 years and has been with her current firm, DDKK Attorneys Inc, since 2000 where she specialises in family law.

When asked what inspired her to write on this topic, Ms de Klerk said: ‘I have noticed that the concept was misunderstood by some of my colleagues and even judicial officers. I wanted to share my knowledge in this regard with my colleagues and if possible shed some light on the subject.’ She added that she was amazed by the positive response she received from her colleagues after the article was published.

Meanwhile, Johannesburg candidate attorney, Tafadzwa Mukwende (31), has won the 2014 Juta Prize for candidate attorney for his article titled ‘Reform, reintegrate, rehabilitate – Balancing restorative justice and juvenile offender rehabilitation’, which was published in 2014 (Oct) DR 33.

The article was based on whether imposing the custodial sentencing regime on juvenile offenders is an effective mode of rehabilitation and restorative justice.

Mr Mukwende says that he feels fantastic to have won the prize adding that ‘it feels as if I have hit the lottery.’

Mr Mukwende is currently completing his articles of clerkship at Locketts Attorneys.

He told De Rebus that he was inspired to pen the article by a friend who works as a social worker for a non-governmental organisation who are currently advocating for non-custodial sentencing for juvenile offenders.

Nomfundo Manyathi-Jele NDip Journ (DUT) BTech Journ (TUT) is the news editor at De Rebus.

This article was first published in De Rebus in 2015 (May) DR 15.