Persons and family law

The right to fair refugee status determination procedures

By Lesirela Letsebe The Constitution grants everyone the right to human dignity, life and freedom and security of the person under ss 10, 11 and 12(1). The protections under s […]

Read more

Parenting coordinators: What is classified as their decision-making powers?

By Marici Corneli  Parenting coordination is a form of alternative dispute resolution processes in which a mental health professional or family law professional assists in on-going high conflict co-parenting matters. […]

Read more

Evolution of Customary Marriages

Ramuhovhi and Others v President of The Republic of South Africa and Others 2018 (2) SA 1 (CC) By Janus Olivier One of the reasons for the enactment of the […]

Read more

Is cultural male circumcision compatible with international children’s rights?

By De Niro Koffman The matter of male circumcision has become a contentious issue within the international community insofar as it involves the circumcision of minors. Considering South Africa (SA) […]

Read more

Maintenance Act: May the prosecution decline to prosecute a s 31(1) matter?

By Marlene Lamprecht Section 31(1) of the Maintenance Act 99 of 1998 creates the offence of failing to make payment in accordance with a maintenance order. Section 31(1) states: ‘Subject […]

Read more

Litigation costs in constitutional matters

By Luyolo Ntikinca and Sihlulelwe Reward Nxumalo The Constitution makes provision for a Bill of Rights. The Bill of Rights is the cornerstone of democracy in South Africa (SA). It […]

Read more

Appropriate contact and maintenance guidelines for sperm donors

The South African Law Reform Commission Project 110 Review of the Child Care Act Report (2002) recommended that all legal ties be severed in the case of gamete donors. As […]

Read more

Rooted in patriarchy: Delictual claims in adultery cases

By Tsogo Rampolokeng The impact of adultery is like being hit with a huge brick. In township lingo it is said, ‘goshapiwa ka setena’, translated to mean ‘to be hit […]

Read more

Dog owners beware: Strict liability for dog attacks

By Kristen Wagner Incidences of dog attacks and dog bite injuries are on the rise in South Africa (SA). In the months of August and September, four separate dog attack […]

Read more

Unmarried same-sex couples more favourable legal position than heterosexual counterparts

  By Bradley Smith The legal position pertaining to persons who cohabit out of wedlock (domestic partners) in South Africa is complex. Contrary to certain other jurisdictions, a domestic partnership, […]

Read more
X
De Rebus