Make a fresh start If you have a criminal record, no matter how minor the offence, your chances of getting a job are slim. But there is good news. If it’s been 10 years or more since the conviction, you can apply to have your criminal record wiped clean. This is known as “expungement”. What […]
Reconciliation vs. retribution Globally, conventional criminal justice systems, based on punishing people for their crimes through incarceration and instilling fear of imprisonment as a deterrent, seem to have limited success. Prisons are overcrowded and rehabilitation is largely failing. Instead, restorative justice methodology, with its focus on resolving crimes by holding offenders accountable for their actions, is […]
by Simon David Dippenaar As children, we were raised hearing the old adage that ‘sticks and stones may break one’s bones, but words can never harm one.’ However, one soon comes to the stark realisation that this is not actually true. This is particularly so, for example, when one considers all those that have committed […]
How Constitutional law is transforming eviction law Eviction | The Constitution is the backbone of society and South Africa is fortunate to have “the most admirable Constitution in the history of the world,” according to Harvard law scholar Cass Sunstein. Our Constitution is unique in that it includes “positive rights” which require the State to […]
In South Africa it is not uncommon for employees to be tenants. This is most often the case when a domestic worker or gardener occupies a cottage on the property of their employer. Usually the accommodation is part of the remuneration package, and often the employer pays the utilities and sometimes even provides food. The […]
Dagga legalisation has been big news in the past week. But what exactly does it mean in practice? Since last week’s Constitutional Court ruling on the possession of dagga for private use, SD Law has been inundated with queries about the practical implications of this decision. How does it differ from last year’s Western Cape […]
Cannabis – Attitudes have relaxed in South Africa, particularly with last year’s ruling. But don’t be fooled into thinking cannabis is now legal.
Cohabitation agreement vs marriage contract (the practical difference) Marriage creates a legal framework automatically. Cohabitation does not. That is why couples who live together often use a cohabitation agreement to record ownership, contributions, debt responsibility, and what happens if they separate. For various reasons, marriage is not for everyone. Some prefer not to marry […]
Why are women still fighting for basic human rights? Women’s Day 2018 Every year in South Africa we observe Women’s Day on 9th August, to commemorate the women who raised their voices against racial injustice during the Struggle, marching in 1956 on the Union Buildings in Pretoria in protest at the oppressive pass laws. National Women’s […]
Court ruling suggests more active judicial management of the eviction process Eviction process – Property owners and tenants alike have rights under South African law; and when an eviction notice has to be served, it is important to consider the rights (and responsibilities) of both parties, to be sure that fair and just treatment is […]
After divorce, is it possible to be friends? As family law practitioners, we see every kind of divorce imaginable, from amicable to acrimonious and everything in between.
As we observe the global 16 Days of Activism for No Violence Against Women and Children, we have been moved to reflect on the portrayal, images and experiences of women in our society, especially in light of recent events in the media and the #metoo campaign.
