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Domestic violence in South Africa
South African law recognises domestic violence as a “serious social evil” that unfortunately has a high incidence within our society. Affecting the most vulnerable members, it is often not reported to the authorities. Regulated by the Domestic Violence Act 116/1998...
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Euthanasia: Legal ambivalence
The taboo topic of euthanasia is back in the media as Sean Davison, the founder of Dignity SA, has been arrested related to the suicide of his quadriplegic friend, Dr Anrich Burger, in a Cape Town hotel room in 2013. The state is charging Davison with the planned and...
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Constitutional Court groundbreaking judgment: legalising cannabis in South Africa
On 18 September 2018, the highest court in the country ruled that the personal use of cannabis is not a criminal offence. The unanimous decision of the court ruled that the ban on private possession and consumption, and cultivation of the plant for own use, is...
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Pros and cons of buying property through a legal entity
Individuals often purchase immovable property in their personal capacity or in the name of a trust. It is however possible to purchase immovable property in the name of a legal entity, such as a closed corporation or a private company, as well. When purchasing...
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How Labour Law treats racism in the workplace
Racism remains a controversial and sensitive topic in South Africa and such behaviour should not be tolerated in any working environment. Any form of racist remark, comment, behaviour, treatment or even an alleged form of any of these performed by an individual will...
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Can I evict my spouse from the matrimonial home?
The home that a couple lives in during their marriage is called the matrimonial or family home. Sometimes, when couples separate or are getting divorced, one party wants the other spouse to move out. May one spouse evict another from the home? The short answer is no....
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Divorce in customary marriages
Customary vs Civil Law marriage A customary marriage is defined as two people who are married according to a custom as opposed to the laws of a country. Civil marriage is when two people are married in terms of South African law. Validity of a customary marriage...
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Expungement of a criminal record
Currently there is a high level of unemployment in South Africa and people are finding it increasingly difficult to procure employment, especially if they have a criminal record, which is usually a deterrent for a potential employer. Of course criminal records exist...
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Consent to travel with your child: what happens when it is withheld?
South African Immigration Regulations state that a parent travelling with a minor child must produce the child’s unabridged birth certificate (or adoption certificate in respect of adopted children), as well as an affidavit granting consent from the other parent...
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Is your Will valid?
Two things in life are certain – death and taxes. When we die, we have one last chance to do what we want with our belongings (our Estate), but only if a valid Will is in place. Let’s look at the requirements of a valid Will and other related aspects like competency,...
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