Persons and family law

Non-compliance with the Domestic Violence Act and vicarious liability

By Yashin Bridgemohan Section 2 of the Domestic Violence Act 116 of 1998 (the Act) states: ‘Any member of the South African Police Service must, at the scene of an […]

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Claims based on universal partnerships in divorce matters

By Magdaleen de Klerk Claims based on tacit universal partnerships are frequently encountered in divorce litigation, where the spouses were married to each other out of community of property with […]

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Understanding certain provisions of the Domestic Violence Act: A practitioner’s perspective

By Siyabonga Sibisi The Domestic Violence Act 116 of 1998 (the Act) was regarded as a step in the right direction towards acknowledging that violence against the vulnerable, especially women […]

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Protecting victims of human trafficking – is South Africa doing enough?

By Judge Patricia Goliath ‘Money may be able to buy a lot of things, but it should never, ever be able to buy another human being’ John F Kerry Trafficking […]

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A grandparents’ duty to support

By Sechaba Mohapi The grandparents’ duty of support was recently considered by the Western Cape Division of the High Court in N v B (WCC) (unreported case no 6573/14, 19-6-2014) […]

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Muslim marriages and divorce

By Megan Harrington-Johnson The status of Muslim Marriages in South Africa has, since 1990, been the subject of ongoing investigation and discussion by the South African Law Reform Commission. The […]

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Everyone has the right to life – Fact or a nasciturus fiction?

By Valerie Teresa Smit The debate surrounding pre-natal life is a multifaceted and convoluted legal topic, notwithstanding the various religious and philosophical arguments it triggers. Without becoming all dogmatic about […]

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Hate speech is a crime

Equality Court rules in favour of domestic worker By Peter Williams The District Court of Cape Town, sitting as an Equality Court, has recently made a landmark ruling in Nomasomi […]

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Gimme the money honey

The fairness of spousal maintenance after divorce By Magdaleen de Klerk There is a general misconception that the main, or even the sole criterion, for a claim for spousal maintenance […]

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Reform, reintegrate, rehabilitate – balancing restorative justice and juvenile offender rehabilitation

By Tafadzwa Mukwende The introduction of the Child Justice Act 75 of 2008 (the Act) set new standards for the protection of the child offender by establishing the Child Justice […]

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