Mandatory Mediation in South African Civil Matters Nozipho Mvulane Mandatory Mediation in South African Civil Matters South Africa’s civil justice system has long faced challenges arising from increasing litigation costs, congested court rolls, and prolonged delays in the finalisation of disputes. Against this backdrop, mediation has steadily gained recognition as an effective alternative dispute resolution...Read More

The Legal Recognition of Black Marriages Entered Into During Apartheid in South Africa Nozipho Mvulane The Legal Recognition of Black Marriages Entered Into During Apartheid in South Africa The legal recognition of marriages concluded by Black South Africans during the apartheid era represents one of the most significant developments in South African family law. For...Read More

Understanding Applications for Maintenance Pending Divorce Proceedings Nozipho Mvulane Understanding Applications for Maintenance Pending Divorce Proceedings Divorce proceedings can take several months or even years to be finalised. During this period, one spouse may be left without sufficient financial support, while children of the marriage continue to require care and maintenance. South African law recognises...Read More

Balancing Reputation and Freedom of Expression Nozipho Mvulane Defamation law in South Africa occupies a critical position in the country’s legal framework by protecting individuals and organisations from unjustified attacks on their reputation while safeguarding the constitutional right to freedom of expression. The law reflects a careful balance between preserving human dignity, ensuring accountability for...Read More

The Legal Framework Surrounding Polygamous Marriages in South Africa Nozipho Mvulane The Legal Framework Surrounding Polygamous Marriages in South Africa South Africa’s legal system is unique in its recognition of both common law and customary law. This pluralistic legal framework allows for the recognition of polygamous marriages concluded in accordance with African customary law. Polygamous...Read More

Can Employers Force Employees to Make Social Media Videos in South Africa? Nozipho Mvulane Social Media for Visibility Social media has exploded in these last few years. More and more businesses are utilizing social media to increase build and brand awareness, increase their visibility and customer engagement all the in hopes of generating revenue.  It...Read More

Nozipho Mvulane Have an OnlyFans? This is how it may affect your employment. In South Africa, employment law and involvement with platforms like OnlyFans (a subscription-based content-sharing service that often involves adult content) intersect in complex ways. Here’s a breakdown of how OnlyFans activity might affect employment in South Africa, based on current legal principles....Read More

How Will National Register For Sex Offenders Affect Employment In South Africa? Nozipho Mvulane How Will National Register For Sex Offenders Affect Employment In South Africa? The National Register for Sex Offenders (NRSO) affects employment in South Africa in several significant ways, particularly in industries involving vulnerable individuals. The NRSO will be published and available...Read More

Recognition of Muslim Marriages and the Divorce Amendment Bill Arisha Rajaram Lack of Recognition for Muslim Marriages The Constitutional Court in the case of Women’s Legal Centre Trust v President of the Republic of South Africa and Others (2022), has deemed the Divorce Act 70 of 1979 (hereafter referred to as “the act”) unconstitutional due...Read More

Believed Consent No Longer A Defense For Sexual Assault Arisha Rajaram Sexual Offences Act declared unconstitutional A groundbreaking ruling by the Pretoria High Court, which declared certain sections of the Sexual Offences Act unconstitutional, offers new hope for victims of gender-based violence (GBV) in South Africa. The argument that subjective consent (believing the victim game...Read More