Persons and family law

Voyager or victim? Refugees are not holiday travellers

By Lesirela Letsebe South Africa is a signatory to, among others, the 1951 United Nations Convention relating to the Status of Refugees (UN Convention), the 1967 Protocol Relating to the […]

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Appointing a curator ad litem – are we applying the law correctly?

By Maud Letzler and Viviana Vergano The appointment of curators is a daily occurrence in our courts and in particular in the North and South Gauteng High Courts where the […]

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Fair divorce: Misconduct does not play a role in forfeiture claims

By Magdaleen de Klerk There is a general misconception in divorce litigation that a finding of ‘substantial misconduct’ on the part of a spouse who, for example, had extra marital […]

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The correct interpretation of s 17(4)(c) of the Road Accident Fund Act 56 of 1996

By Ian Morris, George Schwalb and Gregory Whittaker The ruling by ­Griesel J in the matter of Sweatman v Road Accident Fund (WCC) (unreported case no 17258/11, 3-12-2013) (Griesel J) […]

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Muslim spouses – Are they ‘equally’ married?

By Sheri Breslaw The fundamental shift that occurred when South Africa became a constitutional democracy in 1994 heralded changes in all areas of the law. Significant changes were made, and […]

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Unfit parent – Losing parental responsibilities and rights

By Vishal Ramruch The Children’s Act 38 of 2005 (the Act) brings about numerous additions and details in matters relating to children and family life. This article deals with a […]

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Calculating loss of support claims

By Ivan Kramer If a dependant is compensated for the loss of support by a breadwinner, does the dependant receive the support that would have been received had the accident […]

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Puzzling legislation – Scrap or re-write the Older Persons Act

By Neels Coertse The Older Persons Act 13 of 2006 (the Act), regulations, forms and national norms and standards (NN&S) commenced on 1 April 2010 replacing the Aged Persons Act […]

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Pension interest and divorce – K v K and Another – a critique

By Johann Davey The appellant and the first respondent in K v K and Another [2013] JOL 30037 (WCC) were married in community of property during 1978 and divorced on […]

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Life rights for senior citizens in retirement villages – A checklist for attorneys

By Neels Coertse The laws applicable to entitlement in respect of immovable property has seen dramatic changes brought about by modern society. Retirement villages (RVs) are being built in every […]

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