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

Demystifying “Draconian, Irrational and Infringement of Privacy” Laws



Pandemics have a way of elevating economic inequalities and revealing the injustices occurring in marginalised communities. There is no doubt that what COVID-19 has revealed, amongst other things, is how it is disproportionately impacting disadvantaged communities. While laws and regulations are put in place to mitigate the damage that the

Matrimonial Property Regimes and their Consequences

By Naeelah Williams, Staff Attorney, Cape Town


It is safe to say that all couples who are in the process of tying the knot hope from the outset that their journey to marriage will be as stress free and pleasurable as possible. Most couples however, still want personalised and

Debunking the concept of sentencing in criminal proceedings

By: Shadreck Masike, Legal Intern, Cape Town


There is an underlying principle in criminal justice system jurisprudence in South Africa which entails that justice must not only be done, but also be seen to be done.1 This ought to be understood in the sense that justice must be seen to

Reasonable chastisement…is it really reasonable?

By Steven Miller (Volunteer Durban office, extern and final year law student, University of Michigan Law school. Steven came to SA for three months as part of one of his final year modules. Regrettably, he had to leave because of the COVID-19 pandemic and was unable to complete his stay

Life in White City, Jabavu, Soweto

By Nkuli Zuke, Receptionist, Johannesburg


My experience with this lockdown in my area is traumatic with the number of people who are dying. I worry about how far the infections will escalate and whether there will be a cure anytime soon. I have not experienced much testing in the township