family and customary matters

A hopeful future for the full recognition of Muslim marriages in South Africa

Since the commencement of the Constitution of the Republic of South Africa (“Constitution”), marriages concluded under the Islamic faith (“Muslim marriages”) still do not receive full recognition under South African law. This leaves women and children from Muslim marriages vulnerable upon dissolution of such marriages, either by death or divorce.

Child Abuse

High levels of violence, abuse, exploitation and neglect of children exist in South Africa. These children are affected emotionally and physically with long-lasting psychological consequences.

Customary Marriages

What does the Law say regarding customary marriages and their validity? Find out by reading this article on customary marriages.

Lobolo: an understanding of the basic principles

Under African customary law, it is custom to follow certain traditions before they can get married, for example, paying lobolo. Lobolo is given by the man to the family of his future wife. This article will shed some light on the basic principles of lobolo.

civil procedure

Feminism in South Africa and its legal influence

The concept of feminism is often misunderstood and associated with women who bear sentiments of anger towards men. Feminism is also often associated with false stereotypes, such as “Feminists hate men”, “Feminists are angry”, “All feminists are career women and do not support stay-at-home moms” and so on.

COVID-19

Vaccinations in the workplace: what does the law say?

​​​​​​​It has been well over a year now since the beginning of the COVID-19 pandemic. It has indeed been a difficult time for most South Africans: economically, emotionally and physically. However, the vaccine has presented some hope for many, but remains a contentious topic with many different views being expressed. This article will address the current legal position in respect of vaccinations in the workplace.

Contracts

Understanding a Rent to Own Agreement (Movable Property)

Many individuals may not be able to afford to purchase movable property in cash or on credit (through getting a loan). A Rent to Own Agreement (“Agreement”) can be useful for such individuals. The Agreement will allow one person (“Renter”) to rent something from another person (“Owner”) and to have full use of the property with the intention to become the Owner of the property at the end of the duration of the Agreement (through instalment payments).

estates planning

Dangers of Not Having a Will

If a person dies without a Will, his/her deceased estate will be distributed in terms of the Intestate Succession Act. This is also known as the rules of intestate succession.

Guardian’s Fund

The Guardian’s Fund is established to protect and manage money on behalf of certain persons, such as children (persons below the age of 18 years), those who are not able to manage their own affairs or those who could not be found. The money held at the Guardian’s Fund is generally received from inheritance.

Requirements of a Valid Will

There are specific requirements a Will must comply with which are regulated by the Wills Act 7 of 1953. Read our case study on the proper requirements for a valid Will in South Africa.

consumer

Direct Marketing in Terms of the Consumer Protection Act

Direct marketing is where a person is approached by a supplier for the purpose of advertising his/her goods for sale, services available, or to request a donation. The Consumer Protection Act gives every person a right to restrict or block any communication from suppliers of this nature.

“Sign here, here and here” Signatures and their consequences

Everyone uses their signature on a regular basis, whether to sign an important contract or a receipt after buying something and paying with a card. Putting a signature on a document has a purpose and can bind a person to whatever is contained in that document. It is quite common for people to sign something without even reading it or knowing what s/he has signed. This article will shed some light on the legal consequences of signatures, as well as the different forms they might come in.

labour

HIV/AIDS in the Workplace

South Africa has one of the highest HIV/AIDS infection rates in the world and most of us are affected by this longstanding pandemic, either in a direct manner or indirectly. Despite widespread awareness and great medical advancements in this field, those infected with HIV/AIDS still face discrimination due to their HIV/AIDS status. It is important to highlight that those infected with HIV/AIDS have the same rights as everyone else, particularly in the context of the workplace where they are highly prone to discrimination due to their HIV/AIDS status. This article will address some of the frequently asked questions on HIV/AIDS in the workplace.

National Minimum Wage: What you need to know

The National Minimum Wage Act 9 of 2018 (“Act”) aims to advance economic development and social justice by protecting workers from being paid unreasonably low wages. The Act applies to all workers and their employers except members of National Defence Force, the National Intelligence Agency and the South African Secret Service. Every employer may not pay wages that are below the minimum wage and the national minimum wage cannot be reduced by contract, except if the contract provides for a more favourable wage.

Women’s Rights in Business

Read this article about women's rights in business, including the right to maternity leave and to not be discriminated against nor be sexually harassed.

criminal

human rights

Human rights: your beliefs and opinions

The Bill of Rights is contained in the Constitution of the Republic of South Africa (“Constitution”) and protects a person’s basic human rights (such as the rights to equality, human dignity, life and so on). Human rights are based on the values of society and must be carefully balanced to ensure that, although persons can exercise their human rights, they also have a responsibility to respect the human rights of others.

delictual claims

Medical negligence during childbirth

The childbirth process is a period that is exciting to most women. However, this process sometimes comes with its fair share of challenges, such as instances of medical negligence during the childbirth that have become quite common. This may be caused by improper or inadequate medical intervention, ill equipped facilities, or even negligence on the part of the medical practitioners.  The COVID-19 pandemic also serves as a great concern due to its contribution to the increased pressure on healthcare facilities and medical practitioners.