Persons and family law

Is parenting coordination arbitration?

By Madelene (Leentjie) de Jong Parenting coordination (which is also known as facilitation in the Western Cape and as case management in Gauteng) is a child-focused alternative dispute resolution process […]

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Inexpensive civil remedy for harassment: The Protection from Harassment Act

By Sheethal Sewsunker 27 April 2013 marked more than just Freedom Day for South Africans, as the long-awaited Protection from Harassment Act 17 of 2011 (the Act) came into operation. […]

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Debts – reaching beyond the grave – Marriage, death and the National Credit Act

By Fareed Moosa It is not uncommon for spouses married in community of property to borrow funds under a secured loan or to be mortgagors under a mortgage agreement in […]

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CLC Stream D: Contemporary legal topics

Information, secrecy and WikiLeaks By Mapula Sedutla Media freedom and access to information were discussed in a session titled ‘Information, secrecy and WikiLeaks’. Dr Barbara Lauriat, lecturer at the Dickson […]

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‘Dependants’ action’ extended to heterosexual life partners

Paixão and Another v Road Accident Fund (SCA) (unreported case no 640/11, 26-9-2012) (Cachalia JA) By Nomfundo Manyathi In a recent decision, the Supreme Court of Appeal (SCA) extended the […]

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Legal recognition for non-nuclear families

Support for unmarried heterosexual partners By Viwe Didishe For a variety of reasons, a large number of South Africans live together in intimate relationships without marrying (B Goldblatt ‘Regulating domestic […]

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Legal burden on athletes who test positive

By David van Niekerk While the average South African may not be aware of the intricacies of all laws in South Africa, when queried about the intricate sporting tactics of […]

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Parental rights and responsibilities, guardianship and same-sex parents

By Tshepo Confidence Mashile The issue of parental rights and responsibilities in respect of a same-sex relationship was dealt with in the recent judgment of CM v NG (WCC) (unreported […]

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Does the law provide for punishment in sexual offence cases?

Director of Public Prosecutions, Western Cape v Prins (WCC) (unreported case no A134/08, 11-5-2012) (Blignault J) * By Rodger Mareume On 11 May 2012 the full Bench of the Western […]

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The role of children’s views during divorce

By Clement Marumoagae The Children’s Act 38 of 2005 (the Act) makes provision for divorcing parents to consider the welfare of their minor children during divorce proceedings. The Act grants […]

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