Rights of a foreign parent with a child as a citizen of South Africa
A foreigner’s immigration status is determined by the relevant visa or permanent residence permit and the rights and obligations related to it, as granted to them in terms of the Act. Applications were consolidated and brought in the Western Cape High Court, seeking orders declaring the Act or certain sections thereof to be inconsistent with […]
The question of oil
Where will it go by 2030? As ordinary working people on the street, we will never know precisely what is happening behind closed doors at the White House, the Kremlin, or even Luthuli House but there are always agendas at play that we may not be aware of. Many conspiracy theorists would have much to […]
The Subdivision of Agricultural Land Act No. 70 of 1970 Explained: Part 3
In this Part 3 of the series on “The Subdivision of Agricultural Land Act No. 70 of 1970 Explained”, we will discuss the procedure on how to apply for the consent as required by the Minister for any actions regarding agricultural land which is prohibited in terms of Section 3 of the Act. This will […]
Retirement and your ‘second wind’
With improved healthcare and the trend towards healthier lifestyles, many people are living to a ripe old age. Make sure that your money lasts as long as you do. Are you retiring in the near future and concerned that you may not have enough capital to retire? We often read that the majority of South […]
Positive and Helpful Amendments to the Domestic Violence Act 1998
The Domestic Violence Amendment Bill (the Bill) was introduced in the National Assembly in September 2020 but has yet to be signed into law by the President. There are various positive and helpful amendments presented in the bill. The Bill will come into operation on a date fixed by the President through the proclamation in […]
Mandament van spolie: What is it and what are the requirements?
It is a well-established principle in South African law that a person may not take the law into his or her own hands. People aggrieved by the conduct of another must follow proper legal procedure in order to address their grievances and to obtain the relief they want. For instance, a landlord may not evict a non-paying tenant without a court order. It […]
Full disclosure when it comes to legal fees
In terms of Section 35(7) of the LPA, practising attorneys and trust account advocates must provide a written notice confirming a legal instruction and giving a cost estimate to a client upon receiving a formal instruction or as soon as practically possible thereafter. The written notice must include the following details: The likely financial implications, including fees, charges, disbursements and other costs; The hourly rate of […]
What are the boundaries of private defence (self-defence)?
Private defence, which is commonly and more narrowly referred to as self-defence, is probably the first type of defence you will come across in your life, whether it be defending yourself against bullies in school or elsewhere later in life. In South African law, though, the issue of private defence is still a contentious matter. […]
Provocation as a defence
A client poses a question to their attorney: My ex-boyfriend (Y) saw me and my new love interest (X) at a restaurant. Y aggressively confronted me and wanted to know why I have moved on so quickly. X then nicely asked him to leave me alone, whereafter X started to swear at Y. X then […]
Cybercrime in South Africa
The prosecution of cybercrime in South Africa is regulated by the Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”) and the Cybercrimes and Cybersecurity and Related Matters Bill (“the Bill”). Alongside these pieces of legislation exists the common law, as well as the Constitution of the Republic of South Africa, 1996 (“the Constitution”). […]