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 […]
Whose duty is it to check consent has been given? When couples are married in community of property, which is still the most common matrimonial regime in South Africa, both spouses are equally responsible for the management of their joint estate. Therefore, certain transactions require consent from the other spouse and both parties need to […]
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 […]
Four new laws have been approved by Cabinet, to address gaps in South African legislation. This article from BusinessTech explains. Reprinted from BusinessTech – 2022-09-01 Cabinet has recently approved a number of new bills that have subsequently been submitted to parliament, including new legislation which focuses on financial crime, divorce and substances. There are over […]
Different laws apply, even if only one individual is involved Most of the time, the management team of a company and the board of directors succeed in working together for the good of the organisation. They do not always agree, and the role of a board is to govern and ensure accountability. Occasionally, the relationship […]
Can you be arrested? Can you be arrested for non-payment of traffic fines? There is a lot of confusion around AARTO – the Administrative Adjudication of Road Traffic Offences Act. It was declared unconstitutional and invalid by the Pretoria High Court in January, but the Road Traffic Infringement Agency warned that it remains valid until […]
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 […]
Reprinted from Business Tech – 2022-05-12 The Pretoria High Court on Wednesday (11 May) ruled that a part of South Africa’s Divorce Act is unconstitutional, setting up major changes for how divorces are handled when couples are married out community of property in the country. The court judgement declared that Section 7(3)(a) of the Divorce […]
We take a closer look Land reform is a much-debated issue in South Africa. No one (well, almost no one) disputes the urgent need to right some of the wrongs of the past regarding land ownership, to advance transformation. However, the ways and means of achieving this reform are not always full agreed upon. We’ve […]
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 […]