Feature Articles

Variation of consent papers in divorce orders – is this permissible in law?

By James D Lekhuleni Section 7(1) of the Divorce Act 70 of 1979 (the Act), provides that a court may incorporate the spouse’s settlement agreement into the divorce order if […]

Read more

Surrogate motherhood and scaremongering: Is South Africa entering an age of post-truth jurisprudence?

By Dr Donrich Thaldar In world history, 2016 was the year of the Brexit referendum in the United Kingdom and the election of President Donald Trump in the United States. […]

Read more

Do protection orders for domestic violence and harassment work?

By Katherine Butler Both the Domestic Violence Act 116 of 1998 (the Act) and the Protection from Harassment Act 17 of 2011 were enacted in order to protect vulnerable members […]

Read more

Legalisation and Apostillisation: A guide for the authentication of public documents for use abroad

By Riaan de Jager A large number of South Africans regularly travel overseas, either temporarily or on a permanent basis where they will have to produce various public documents abroad. […]

Read more

The rescission of divorce orders: A note of caution to courts

By James D Lekhuleni There is no doubt that the rescission and variation of divorce orders in our courts has not been easy. One important question that our courts have […]

Read more

Joint estates: Clarification on the alienation of assets

By Jerome Veldsman and Roxanne Ker Section 11(1) of the Matrimonial Property Act 88 of 1984 (the Act) repealed the marital power that included the right of a husband in […]

Read more

Prosecute or we will! Is the single prosecuting authority under threat?

By Clement Marumoagae This article evaluates circumstances under which private organisations can institute private prosecutions in South Africa (SA), using AfriForum as a case study. Section 179 of the Constitution […]

Read more

Retirement benefit payments used for child maintenance

By Clement Marumoagae Child maintenance is a common law duty entrusted on each parent in line with their relative means and circumstances and the needs of the child from time […]

Read more

Are your hands tied when it comes to cyber harassment?

By Amanda Manyame With the dawn of social media and the increased use of digital mediums for communication, a number of unwelcome negativities came along, such as – cyberbullying; cyberstalking; […]

Read more

Anti-money laundering: National Treasury’s proposal to establish and lead an inter-departmental committee

By Nkateko Nkhwashu The Financial Action Task Force (FATF) is an inter-governmental body that sets policies to counter money laundering and terrorist financing. It implores its member countries to strive […]

Read more
Loading...