Fireworks and the Law in South Africa Nozipho Mvulane Regulating Fireworks Fireworks are a common method to celebrate a new year, Diwali and less known celebrations such as guy fawkes day.  Fireworks displays can be beautiful to look at, however, there are certain regulations when it comes to the handling of fireworks. The Explosives Act...Read More

Refugees, Asylum Seekers and the Law Nozipho Mvulane Applying for asylum in South Africa A person who enters the Republic of South Africa through a port of entry, for example a land border post, airport or harbour and claims to be an asylum seeker must complete the relevant Department of Home Affairs forms with the...Read More

Remuneration in South Africa   Nozipho Mvulane What is remuneration The term “remuneration” as defined in the Basic Conditions of Employment Act 75 of 1997 (BCEA), as amended and other labour legislation includes any payment in money or in kind, or both, made or owing to any person in return for working for another person,...Read More

Nozipho Mvulane Customary Marriages in South Africa Same rights for all women in polygamous customary marriages Women married in polygamous customary relationships before the introduction of laws recognising customary marriages in 1998 will officially and finally receive the same rights as women in customary marriages concluded after 1998. The Constitutional Court in 2017 that wives...Read More

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