Persons and family law

The constitutional conundrum of the rights of children and known sperm donors

The rights of children are of paramount importance in terms of s 28 of the Constitution and s 38 of the Children’s Act 38 of 2005. The High Court is […]

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Estranged wife fails to establish a clear right to bury husband

Mabulana v Mabulana and Others (LP) (unreported case no 5040/2021, 26-7-2021) (Kganyago J) In a case of Mabulana, the Limpopo Division of the High Court in Polokwane dismissed Moyahabo Eugly […]

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Grandchild’s claim against grandparent’s estate: Weighing up child maintenance against freedom of testation

The case of Van Zyl NO v Getz NO [2020] 3 All SA 730 (SCA) presented a golden opportunity for the Supreme Court of Appeal (SCA) to provide the long-awaited […]

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Section 40 of the Children’s Act: Parenthood by syringe or intention?

A couple in a permanent life partnership have launched an application challenging the constitutionality of s 40 of the Children’s Act 38 of 2005, as a result of their gamete […]

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The rescission of divorce orders for purposes of claiming spousal maintenance

The reciprocal duty of support between spouses is one of the invariable consequences of marriage in South African law. This legal duty operates automatically by operation of law as soon […]

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Are magistrates’ courts r 58-orders appealable or reviewable?

The recent judgments confirming the constitutionality of s 16(3) of the Superior Courts Act 10 of 2013 and r 43 of the Uniform Rules of Court (and the non-appealability of […]

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Do regional courts have jurisdiction to order an assessment of parties by an expert in post-divorce proceedings?

The question addressed herein is whether the regional court has jurisdiction to – post-divorce, on the substantive application of a party to the divorce – order the parties and minor […]

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Discussing the court’s role in domestic violence

Courts remain limited in their ability to solve the problem of domestic violence. Domestic violence continues to be a broad social problem, which needs to be addressed by society, the […]

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Confirmation or rubber stamping? Understanding the surrogate motherhood agreement requirements

Surrogacy can be described as a woman (the surrogate mother) carrying a foetus for a couple or a single parent (the commissioning parents) until the birth of the child (Caroline […]

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Surrogacy and the courts’ criteria for being suitable

Surrogacy agreement confirmation applications have become voluminous. This is often caused by the extensive nature of the clinical psychologist’s report on the suitability of the intended surrogate mother. The reason […]

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