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

Big Win for Husbands in South Africa Arisha Rajaram A provision of the Births and Deaths Registration Act 51 of 1992 (the Act), which prohibited a woman’s husband from adopting her surname upon marriage, has been deemed discriminatory based on gender. Husbands in South Africa can now legally take on their wife’s surname. Facts of...Read More

What Is Derivative Misconduct Nozipho Mvulane Derivative Misconduct In South African labour law, derivative misconduct refers to a situation where an employee is implicated in misconduct as a result of their association or involvement with another employee’s misconduct. Snitching, in this context, refers to the act of reporting or providing information about another employee’s misconduct...Read More

Keeping Pythons, Snakes as Pets Nozipho Mvulane In South Africa, the National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA) and its associated regulations govern the keeping of certain reptiles as pets, including pythons. These regulations aim to ensure the conservation and responsible management of indigenous species. NEMBA and KZN Wildlife Under NEMBA, specific permits...Read More

Laws Concerning Marijuana (Cannabis) Usage Nozipho Mvulane Laws Concerning Marijuana (Cannabis) Usage The laws regarding marijuana (cannabis) and its use for business purposes in South Africa have undergone significant changes. In South Africa, the legal framework surrounding marijuana has seen some developments. Personal Use In 2018, the Constitutional Court of South Africa ruled that the...Read More

Legal Consequences of Stealing Livestock Nozipho Mvulane Livestock theft is a significant issue in South Africa, and various laws and regulations are in place to address this problem. Livestock theft in South Africa is generally governed by the Stock Theft Act 57 of 1959, which was specifically enacted to combat the theft of livestock and...Read More

Human Trafficking and the Law Nozipho Mvulane Prevention and Combatting of Trafficking in Persons Act (PACOTIP) Human trafficking is a serious crime and violation of human rights, and South Africa has taken significant steps to combat it. The country has specific legislation and international commitments to address human trafficking and provide protection to victims. The...Read More

Enforcing Verbal Contracts Nozipho Mvulane In South Africa, verbal contracts are generally valid and enforceable under the law, although proving their existence and terms can be more challenging compared to written contracts. When it comes to suing for breach of a verbal contract in South Africa, there are a few key considerations. Proving the Contract...Read More

HIV and the law in South Africa Nozipho Mvulane HIV and the law in South Africa have undergone significant changes and developments in recent years. South Africa has had a complex history regarding HIV and the law. In the past, there were laws and policies that stigmatized and discriminated against people living with HIV. However,...Read More