Legal news and commentary from the offices of Simon Dippenaar
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 […]
Is mandatory vaccination constitutional? Are you vaccinated against COVID-19? While we all long for the national state of disaster to finally be lifted and life to get back to normal, and vaccines are the only viable way for that to happen without a long wait for the virus to exhaust itself, many people still have […]
We celebrate Freedom Day every year – but how much do you know about it? April is a wonderful month, packed with public holidays (especially if you count 1 May – Workers’ Day, although this year it falls on a Saturday so it doesn’t feel as much like a holiday). But how much do you […]
Reprinted from iol.com, by Norman Cloete – 2020-12-19 Picture Noor Slamdien/African News Agency In what has been hailed a landmark victory for the recognition of Muslim marriages, the Supreme Court of Appeal (SCA) ruled that the Marriage Act 25 of 1961 and the Divorce Act 70 of 1979, are inconsistent with the Constitution. The SCA […]
How the stench from a neighbouring mushroom farm became a court case Case law is the bane of every law student’s existence. Unlike statutory law, which is straightforward legislation and generally unambiguous, case law involves the analysis of previous legal decisions to analyse a new case and resolve ambiguities. The study of case law is […]