Unlawful Search And Seizure – Part 1
Rita Moodley – Candidate Attorney An important part of a criminal investigation involves the obtaining of evidence by the search and seizure of people and things. In a democracy like South Africa’s, a crucial act of balancing the interests between the agents of the State and protecting its citizens interest against interference of their privacy […]
Maternal Preference Rule: Towards Equality In Parental Rights?
Jacques Peacock – Associate The concept of maternal preference in family law has long been a subject of debate and contention. While the South African legal system acknowledges the crucial role that fathers can play in their children’s lives, it still falls short in granting them automatic parental responsibilities and rights. This blog post explores […]
Illegal Immigration: South African Epidemic?
Tristan Moodley – Candidate Attorney BRIEF HISTORY ON IMMIGRATION South Africa currently faces an illegal immigration issue of massive proportions. The South African government, including the Department of Home Affairs are currently inundated with cases of illegal immigrants entering the borders of South Africa without proper documentation. To combat this epidemic, the South African Government […]
Best Of Bester: Deportation And Escape
Jesse Hanekom – Candidate Attorney Abrie van der Merwe – Associate Thabo Bester, a convicted criminal serving his sentence at Mangaung Correctional Centre, staged his death in 2022 and thereafter fled to Arusha, Tanzania with his partner, Dr Nandipha Magudumana. The pair were believed to be illegally in the country and subsequently deported to the […]
M.M v R.A.N: Presumption Of Consent In Customary Marriages
Katia Dias – Candidate Attorney Customary marriages are marriages which are “negotiated, celebrated or concluded according to any of the systems of indigenous African customary law which exist in South Africa”. Although the promulgation of the Recognition of Customary Marriages Act 120 of 1998 (“RCMA”) has created a regulatory framework for customary unions and sets […]
Private Prosecution Between Presidents
In recent months, the words “private prosecution” have been making headlines, particularly involving Former President Jacob Zuma’s institution of private prosecutions. In South Africa, the National Prosecuting Authority (“NPA”) is the only institution legally authorised to institute a criminal prosecution against a person. In the event that the NPA declines to prosecute, a person directly […]
The Boksburg Explosion – BDK Evaluates
Abrie van der Merwe, Associate On the 24th of December 2022, at approximately 06:15, a gas tanker got stuck under a bridge in Plantation, Boksburg, leading to a catastrophic explosion in which many people were injured and some sadly lost their lives. Since then, the driver, who was in the hospital at the time, was […]
ROAD FREIGHT EMPLOYMENT CONTRACTS AND THE NATIONAL BARGAINING COUNCIL: Dire civil and criminal consequences for non-compliance
All businesses associated with the transportation of goods by means of motor transport for hire or reward are affected by the agreements made by the NBCRFLI…
CUSTOMARY MARRIAGES – DIVORCE AND REMARRIAGE
In terms of Section 8 of the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) (“the Act”) a customary marriage may only be dissolved by a Court by a decree of divorce…
Davis Judgement – To Claim or Not to Claim for Damages – the Question on everyone’s lips
On the 2nd of June, 2020, Judge Norman Davis afforded the Minister of Cooperation and Traditional Affairs to review, amend and republish the lockdown regulations (save for regulations 36, 38, 39(2)(d) and (e) and 41) after declaring the remainder of the regulations published, unconstitutional and invalid…
