When a delay is a denial!

National Adoption Coalition v Head of Department of Social Development for KwaZulu-Natal NO 2020 (4) SA 284 (KZN) (“National Adoption Coalition case”
By Dante Adams, Fasken


In the Charles Dickens novel, Great Expectations, young Pip remarks that: “In the little world in which children have their existence, whosoever brings them up, there

Sheriff’s costs in Children’s Court cases – who should pay?


By Elsabe Steenhuisen


Introduction
The disbursements in cases ProBono.Org refers to legal practitioners (“LPs”), are mostly sponsored by the LPs, such as their travel expenses and photocopies. But what about the sheriff’s costs, which can be a substantial amount? We all know that the party who instructs service should pay for

Temporary Employment Services (Labour Brokers) and their future in the South African labour spectrum

By Siyabonga Zondi, Durban Intern


The use of temporary employment services (TES), better known as labour brokers, in the South African labour market has always been a topic that has polarised opinion, in both the political and the legal environment. The Labour Relations Act 66 of 1995 makes provision for

What happens to your assets when you die?

By Mukethwa Chauke – Johannesburg


The concept of succession is not a foreign concept in our African legal system. In customary law the heirs of the deceased were determined through the male line ,referred to as the male primogeniture rule, which is well known to discriminate against women. Only the

Can an administrator’s decision to refuse asylum be substituted by an order of the High Court?

By Obakeng Phatshwane (Candidate Attorney, Fasken)


Given the impact of COVID 19 and the plight of asylum seekers, this decision remains crucial for those seeking asylum. The substitution by a court of an administrator's decision2 in granting asylum is a remedy that is only available in exceptional cases.

In the case

City of Johannesburg’s Expanded Social Packages





Introduction
The City of Johannesburg (“The City”) has a number of financial assistance measures in place for its consumers. Each of these measures has their own specific requirements that a consumer would have to meet in order to qualify. Examples include the Pensioners’ Rebate and the Expanded Social Package.

What is the

Guest slot: Validation of a postnuptial agreement

By Amorette Gangel, Associate, BDK Attorneys


On 26 May 2020, the Constitutional Court dismissed an application by an appellant who sought to have a postnuptial agreement, which was entered into between a married couple during the course of their marriage and not sanctioned by Court, declared valid. 
 
In the matter of

Is parental maintenance legally recognised?

By Melissa Engelbrecht,, Legal Intern – Cape Town


When the word maintenance is mentioned, many often think of a woman claiming maintenance in respect of a minor child or a wife claiming maintenance from her soon to be ex-husband. But too often we overlook the possibility that as one gets

Section 7(6) of the Recognition of Customary Marriages Act 120 of 1998

By Phindile Cele, former Johannesburg intern


The coming into effect of the Recognition of Customary Marriages Act 120 of 1998 brought recognition of both monogamous and polygamous marriages, as in the past these types of marriages were recognised as customary unions. The Act introduced changes to ensure that customary marriages

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