Persons and family law

‘Lying-in expenses’ in the maintenance courts

Many mothers are oblivious to the term ‘lying-in expenses’ and unbeknown to them, fail to claim these expenses when applying for child maintenance for the first time. ‘Lying-in expenses’ are […]

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Improving the legal system and resources for victims of domestic violence

Spouses and children victimised by domestic violence face exceptional barriers to access family justice in South Africa. A multifaceted socio-legal problem, domestic violence implicates criminal, civil, and family law simultaneously. […]

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Is the divorce court’s discretion to transfer assets as per the Divorce Act unconstitutional?

In G v Minister of Home Affairs and Others (Pretoria Attorneys Association as Amicus Curiae) [2022] 3 All SA 58 (GP), s 7(3) of the Divorce Act 70 of 1979 […]

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Removing the sword of Damocles: Do claims for damages from competition law infringements prescribe?

In 2013, 15 construction companies settled allegations of collusive tendering with the Competition Commission (the Commission) in terms of the Commission’s Construction Fast Track Settlement process. These firms admitted to […]

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The burial of a pre-viable or terminated foetus falls outside of Births and Deaths Registration Act’s scope

Voice of the Unborn Baby and Another v Minister of Home Affairs and Another (CC) (unreported case CCT120/21, 15-6-2022) (Tlaletsi AJ (Madlanga J, Madondo AJ, Majiedt J, Mhlantla J, Rogers […]

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Ex parte writ of execution for arrear maintenance against retirement funds

A recent case handed down by the Gauteng Local Division High Court confirmed the legal position dealing with giving a defaulting father notice that the mother (the respondent) intended to […]

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The rights of the non-parent

The position of the ‘non-parent’ is increasingly becoming more relevant in our day and age. ‘Non-parents’ are described as those individuals who play a role of caretaker in the lives […]

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Sperm donors and their rights regarding the child

For many South Africans the costs associated with utilising an anonymous sperm donor from a sperm bank are simply not affordable and remain an exclusive avenue that only a few […]

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Parental intoxication: A scientific diagnostic approach in classifying parental substance misuse

Alcohol and drug abuse are omnipresent in South Africa (SA). The United Nations Office of Drugs and Crime (UNODC) claims that 22 million people in Africa between the ages of […]

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Show me the money – maintenance for dependent children

This article reflects on circumstances where persons who have reached age of majority, but are still dependent on their parents can claim financial support from them. Most children when they […]

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