Persons and family law

Ensuring justice: An urgent need for amendments to safeguard vulnerable witnesses testifying in open court

Victims of sexual offences bring with them to the courtroom the disturbing experience of abuse, violence, and family conflict. These experiences are traumatic with the result that these victims may […]

Read more

Best interests of the child – difficulties with interpretation and application

The current adversarial processes in parental responsibilities and rights (ie, care and contact disputes) in the dissolution of marriages and existing family units have been increasingly cited as a concern […]

Read more

Safeguarding rights in matrimonial regimes: Addressing constitutional concerns in the Trust Property Control Act

By Marietjie du Toit The trust legal institution, as it is recognised today – was unknown in Roman-Dutch law, although the principle of fiduciary duties has been a universal phenomenon […]

Read more

A discussion on the legal position of adult dependent children

The Supreme Court of Appeal (SCA) on 21 July 2022 in a unanimous decision of Z v Z 2022 (5) SA 451 (SCA) dispelled the notion that mothers cannot apply […]

Read more

Unfair discrimination of ‘older person’ definition found in the Older Persons Act

The Constitution is the supreme law, and it provides protection to all those lives within the Republic (s 7 of the Constitution). Chapter 2 of the Constitution contains the Bill […]

Read more

Exploring the availability of s 7(3) redistribution to spouses in foreign marriages

By Kobus Brits Section 7(3) of the Divorce Act 70 of 1979 states as follows: ‘A court granting a decree of divorce in respect of a marriage out of community […]

Read more

Is mediation an option in sexual violence cases?

‘Sexual [assault] cases are similar in power structure to domestic violence or criminal assault matters. In those cases there is more than a simple dispute over money or property. Instead, […]

Read more

Alter ego trusts: How do courts determine the concealment of assets through trusts in divorce cases?

This article discusses the approach adopted by South African courts when deciding whether it is legally permissible to consider the value of trust assets when determining the value of the […]

Read more

Enhancing effectiveness: Strengthening protection for domestic violence victims through the Amendment Act

 ‘In 2020, President Cyril Ramaphosa declared [gender-based violence (GBV)] South Africa’s second pandemic and noted that it needed to be taken as seriously as the coronavirus. Already named the “rape […]

Read more

Substantial misconduct as a factor to grant forfeiture of patrimonial benefits of a marriage

M v M (SCA) (unreported case no 022/2022, 26-5-2023) (Mbatha JA (Molemela, Meyer and Matojane JJA and Siwendu AJA concurring)) In terms of s 9 of the Divorce Act 70 […]

Read more
X