Persons and family law

Court dismisses application for man to attend family funeral to curb the spread of COVID-19

Ex parte Van Heerden (MN) (unreported case no 1079/2020, 27-3-2020) (Roelofse AJ) The applicant approached the Mpumalanga Division of the High Court in Nelspruit seeking permission to travel for a […]

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Has the time come to amend the Children’s Act to specifically include relocation provisions?

P v P (WCC) (unreported case no 6743/2019, 19-12-2019) (Rogers J (Savage and Nuku JJ concurring)) In P v P the topic of relocation of children received the attention of […]

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Understanding ‘emergency monetary relief’ in the Domestic Violence Act

By Dr Fareed Moosa Domestic violence is a brutal onslaught against constitutional values and the fundamental right to freedom and security of the person. In S v Baloyi (Minister of […]

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Are there limitations on the ‘child’s best interests’ principle?

The child’s best interest principle exists in terms of the Children’s Act 38 of 2005 (the Children’s Act). Children and their rights are significant for the security of society and […]

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A new future for family law: Significant changes to r 43 applications

On 12 June, the Gauteng Local Division of the High Court in Johannesburg (GJ) delivered a Full Bench judgment relating to r 43 applications. This judgment brings about significant changes […]

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Children need to be protected by s 12(1)(c) of the Constitution

  Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (CC) (unreported case no CCT320/17, 18-9-2019) (Mogoeng CJ) (unanimous) The Constitutional Court (CC) was tasked […]

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Nasciturus fiction: Relics of outdated perspective

The desire to prevent antenatal harm and the need to pre-empt foetal mortality has universally necessitated legal protection of unborn children. To achieve this goal, scientific and legal mechanisms designed […]

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Muslim Personal Law in South Africa: Evolution and Future Status

By Najma Moosa and Suleman Dangor (eds) Cape Town: Juta (2019) 1st edition Price R 695 (incl VAT) 465 pages (soft cover)   When South Africa (SA) crossed the Rubicon […]

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Moving towards a guilt-free divorce

Before the Divorce Act 70 of 1979 (the Divorce Act) was promulgated, the grounds of divorce in South Africa (SA) were – malicious desertion; adultery; incurable mental illness; and imprisonment […]

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Parental rights in known sperm donor agreements

By Herbert James David Robertson The South African family law fraternity is familiar with surrogacy agreements. The surrogacy agreement has been incorporated into South African family law with the introduction […]

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