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constitution - Van Zyl Retief
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Van Zyl Retief

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Is it truly in the best interest of the child?

Section 28(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”) states that a child’s best interests are of paramount importance in every matter concerning a child. Courts are thus mandated by the Constitution, which is the highest law in the land, to always give effect to what would be best for […]

The Purpose of the small claims court

The Constitution of the Republic of South Africa (“the Constitution”) does not explicitly provide for a right of appeal from a Small Claims Court judgment. However, section 34 of the Constitution does provide that “everyone has the right to have any dispute […] decided in a fair public hearing before a court or, where appropriate, […]

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