Legal news and commentary from the offices of Simon Dippenaar
Open justice is a fundamental right In a democratic society, justice must not only be done but must be seen to be done. The right of the public to scrutinise and understand the workings of the law is a key principle of our constitutional framework. Transparency and accountability build trust and confidence in the justice […]
The importance of access to information As South Africans, we live in a democratic society and we take access to information for granted. While we may sometimes experience frustration with government obfuscation, most people agree that we have the right to be informed and we have the means to access that information, such as our […]
Compensation for work-related injuries There are 869,000 domestic workers in South Africa, comprising 5.2% of the population, as at the end of March, 2024. Many of us rely on domestic workers to relieve us of the burden of cleaning our own homes, looking after our children, and perhaps cooking our meals. For many workers, women […]
What to do if you are trashed on Tiktok Trashed on Tiktok? Insulted on Instagram? Excoriated on X? Social media platforms allow anyone to publish information with a few taps on a phone screen. While social media has facilitated unfettered freedom of expression, many people have fallen prey to the more nefarious side of these […]
High Court ruling spells changes to parental leave provisions in BCEA A landmark judgment was handed down by the South Gauteng High Court in Johannesburg within the last week, which heralds a significant change to the provisions for parental leave after the birth of a child in the Basic Conditions of Employment Act 75 of […]
Reprinted from the Daily Maverick, by Geoffrey Allsop – 2022-09-27 We explain in detail what the courts have ruled Since the Covid pandemic began, occupations of public land by destitute people have increased in various parts of the country. Below, we explain what the law currently says about when the government can lawfully remove people from […]
Court rules grow clubs do not constitute “private use” The Haze Club is – or was – a cooperative-type arrangement whereby individuals brought their own seeds to the club to be cultivated by horticulturists, in return for the harvested and dried plant for their private use when ready. Grow clubs like this, claims owner Neil […]
Reprinted from Mondaq, by Aslam Moosajeeand Shenaaz Munga – 2022-08-03 On 28 June 2022, the Constitutional Court, in Women’s Legal Centre Trust v President of the Republic of South Africa and Others, held that the non-recognition of Muslim marriages infringes upon the rights of Muslim women and their children to dignity, equality, access to courts and the best interests […]
Children should not have to make the claim for themselves, says Supreme Court of Appeal Reprinted from GroundUp, by Tania Broughton – 2022-07-21 A parent can claim maintenance for adult dependent children from the other parent upon divorce, the Supreme Court of Appeal (SCA) has ruled. The judgment, penned by Acting Judge Pieter Meyer (with […]
Civil society organisations’ lawsuit argues the country’s energy policy is incompatible with the constitution The recent upsurge in load shedding is proof – if proof were needed – of South Africa’s shortage of electricity generating capacity. One breakdown anywhere in the fragile system and the lights go off. So the need for additional power stations […]
SD Law takes pride in upholding our Constitution and defending our constitutional rights. We have written on numerous occasions about the different ways the values of our Constitution are applied to daily life in South Africa. We oppose any form of discrimination or human rights abuses and we welcome this announcement from Justice and Constitutional […]
A temporary lapse in making payments does not justify repossessing a vehicle A recent judgment in the Western Cape High Court brings the values of our Constitution to the realm of consumer credit agreements. The law, and constitutional law in particular, can seem lofty and dense at times. The provisions of the Bill of Rights […]
