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Persons and family law

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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Muslim widows’ right to inherit renounced benefits from their husband’s estate

By Clement Marumoagae Historically, the South African public policy was crafted on Eurocentric ideals, which regarded everything that was not in line with western and Christian moral values as invalid […]

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Determining the crime for concealment of birth

  As an assessor in the High Court for approximately ten years after my formal retirement in 2010, the experience of confrontation with legal issues has exposed me to prosecutions […]

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Citizenship dilemma: Denying identity numbers to children of permanent residency holders

By Nokuthula Ndlovu A ‘permanent resident’ is a ‘person having permanent residence status in terms of the Immigration Act’ (South    African Citizenship Act 88 of 1995). The Immigration Act 13 […]

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Variation of consent papers in divorce orders – is this permissible in law?

By James D Lekhuleni Section 7(1) of the Divorce Act 70 of 1979 (the Act), provides that a court may incorporate the spouse’s settlement agreement into the divorce order if […]

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Surrogate motherhood and scaremongering: Is South Africa entering an age of post-truth jurisprudence?

By Dr Donrich Thaldar In world history, 2016 was the year of the Brexit referendum in the United Kingdom and the election of President Donald Trump in the United States. […]

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The rescission of divorce orders: A note of caution to courts

By James D Lekhuleni There is no doubt that the rescission and variation of divorce orders in our courts has not been easy. One important question that our courts have […]

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Joint estates: Clarification on the alienation of assets

By Jerome Veldsman and Roxanne Ker Section 11(1) of the Matrimonial Property Act 88 of 1984 (the Act) repealed the marital power that included the right of a husband in […]

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Ungubani: The non-consensual surname change of a minor child

NAV v MVM and The Minister of Home Affairs (GP) (unreported case no 15664/2017, 16-2-2018) (Thobane AJ) By Khomotso Maja and Vilimile Gumede  The question ungubani? features in one of […]

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