The Lifelong Anonymity of Child Victims, Witnesses and Accused In Criminal Proceedings Nozipho Mvulane Section 154(3) of the Criminal Procedure Act The Constitutional Court handed down judgment on 4 December 2019 regarding the application concerning the scope of protection provided by section 154(3) of the Criminal Procedure Act 51 of 1977 (CPA). This provision deals...Read More

Cryptocurrency in South Africa Nozipho Mvulane What is cryptocurrency Cryptocurrency is an internet-based digital currency that exists almost wholly in the virtual realm. A growing number of proponents support its use as an alternative currency that can pay for goods and services much like conventional currencies. The most popular form of cryptocurrency us Bitcoin. Is...Read More

Approaching the CCMA for assistance Nozipho Mvulane The CCMA The Commission for Conciliation, Mediation and Arbitration (the CCMA) is a dispute resolution body which was established in terms of the Labour Relations Act 66 of 1995 (the LRA) and was one of the first key organizations established under the new democratic Republic of South Africa....Read More

Exemption from Paying School Fees Nozipho Mvulane It is illegal for a school to exclude or discriminate against a child whose parents are unable to pay their fees (this is primarily for primary and high school children). A school cannot stop a child from playing sport or receiving their report etc because of non-payment of...Read More

Withholding Reports Because of Non-Payment of School Fees Is Illegal Nozipho Mvulane A learner cannot be excluded from participation in any official school programmes due to non-payment of school fees by the parent. A school may not retain a learner’s report because the parent cannot afford to pay school fees. Section 41 of the South...Read More

Are you familiar with the legal requirements for surrogacy? Arisha Rajaram Surrogacy in South Africa Surrogacy is a process where artificial fertilization occurs in a surrogate mother to assist parents (commissioning parents) in bearing a child. The surrogate mother has the duty to care for the child during pregnancy and undertakes to hand over the...Read More

Applying for child maintenance Arisha Rajaram What is maintenance Both parents have an equal duty to contribute towards the maintenance needs of their child. This duty exists whether the parents are married or divorced, or whether the child is adopted, a surrogate or born out of wedlock. A parent has the duty to provide for...Read More

Spanking children is now unconstitutional as a form of discipline Nozipho Mvulane The Constitutional Court handed down judgment on 18 September 2019 in the matter of Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others [2019] ZACC 34.This case confirmed the High Court ruling that the common law defence of...Read More

NQF Amendment Act – Jail Time for People Who Misrepresent Their Qualifications Nozipho Mvulane The National Qualifications Framework Amendment Act 12 of  2019 (the Act) was signed into law on 13 August 2019. The Act has not yet commenced. It will commence on a date published in the Government Gazette. The Act’s objectives The Act’s...Read More

Has your last Will and Testament been prepared? Arisha Rajaram What is a Will? A Will, also known as a Testament is a legal record where a person (testator) expresses their wishes as to how their property is to be distributed after their death, as well as other provisions which may be important to the...Read More