global $post; if (!isset($post_to_use) || !is_object($post_to_use)) { $post_to_use = isset($post) ? $post : get_post(); }

Opinions

The case for increasing the criminal jurisdiction of the district court in South Africa

South Africa (SA), like many countries, faces numerous challenges in its judicial system, one of the most pressing being the backlog of criminal cases. The District Court, traditionally responsible for […]

Read more

Legislating alternative dispute resolution in the criminal justice system

The South African criminal justice system is struggling with major issues, including high crime rates and slow case processing. These issues make it difficult to deliver justice effectively leading to […]

Read more

Multiple citizenships: Democratic, ethical and strategic imperatives

The advantages to countries permitting, offering and even encouraging dual and multiple citizenships are numerous and prolific. Embracing such options aligns with democratic principles, upholds ethical standards and offers significant […]

Read more

A need for single legislation governing foreign investments in the interests of national security

There has, recently, been a shift towards trade protectionism in the global economy due to numerous factors affecting economies. Of course, protectionism precedes the recent imposition of tariffs that have […]

Read more

Risk/insured portion of death benefits payable by retirement funds – is it subject to s 37C and to be distributed by fund trustees?

The lump sum death benefit payable by a pension or provident fund normally consists of two portions. The first portion represents the pension savings made up of the member and […]

Read more

A Cinderella story: The unintended consequences of misinterpreting the law in Hart v Hart

The background of Hart v Hart and Others [2025] 1 All SA 373 (WCC) is founded on Mr Hart’s second marriage to Mrs Hart, which marriage produced one son, and […]

Read more

When precedent no longer fits the present

In the world of common law, reliance on precedent and case law is foundational. Legal principles established in past cases serve as guiding lights for courts tackling similar issues. The […]

Read more

Do we need a change in our Rules regarding default judgments in the High Court?

A default judgment is a judgment brought against a party who has failed to defend an action. Our law makes provision for a default judgment under two circumstances. Default judgment […]

Read more

The case for personality and behavioural assessments in tertiary institutions: A preventive and screening measure

By Nokuthula Ndlovu Mental health and well-being in educational institutions has garnered much attention lately. As tertiary institutions, colleges and universities face increasing demands for academic performance, emotional resilience and […]

Read more

Traces of the misuse of the ubuntu principle: The rights of widows overlooked

In the case of Sengadi v Tsambo; In Re: Tsambo [2019] 1 All SA 569 (GJ), the Supreme Court of Appeal made an incorrect application of the ubuntu principle, which […]

Read more
De Rebus