What defines Drunk and Driving? Section 65 of the National Road Traffic Act 93 of 1996 (hereinafter referred to as “The Act”) defines driving under the influence under two scenarios: Driving while under the influence of intoxicating liquor or a drug having a narcotic effect, or with an excessive amount of alcohol in blood or […]
In South Africa, the rights and dignity of the individual has been expanded in line with international norms on the scourge that has come to be known as “revenge porn”. The Films and Publications Amendment Act of 2019 has criminalised knowingly distributing private images and footage of sexual and/or compromising nature of a person without […]
In the article Road rage and reasoning about responsibility SACJ (2001) 14, Shannon Hoctor of the University of Port Elizabeth, describes road rage in the following manner at 195: "Whilst the exact ambit of the term is rendered somewhat vague by misuse, it is clear that road rage is a product of the confluence of […]
During the COVID-19 pandemic, many employees faced retrenchment. In this article, we discuss: When can employees be retrenched? What is a fair procedure for retrenchment? Will I get paid if I am retrenched? What can I do if I have been unfairly retrenched? ALSO READ: The effect of COVID-19 on South African employers and employees […]
What is a customary marriage? A customary marriage is a marriage entered into in accordance with the traditions, customs and culture of indigenous African people in South Africa, and is recognised by the Recognition of Certain Customary Marriages Act 120 of 1998 (hereinafter “the RMCA”) that came into operation on the 15th of November 2000. […]
In these unprecedented times, our offices have had numerous clients contacting us regarding the position and options for both employers and employees due to the lockdown, which was imposed on Thursday 26 March 2020 at midnight. One of the relationships greatly affected by this lockdown, is the employer-employee relationship. It is of great importance that […]
Do parents have a duty to pay maintenance for their children after they have reached the age of majority, but still cannot support themselves? In short, yes. LEGISLATION In terms of section 18(2)(d) of the Children’s Act 38 of 2005 (hereinafter referred to as “the Act”) parents have a responsibility to contribute to the maintenance […]
On the 6th day of March 2020, the World Health Organisation (“WHO”) characterised COVID-19 as a pandemic according to an assessment by WHO. Since the announcement by President Ramaphosa, declaring a lockdown from the 26th day of March 2020 at 24:00 to the 16th day of April 2020 and South Africa has been faced with […]
No doubt, most, if not all, South Africans are finding themselves in very tiring financial times due to the impact the Covid-19 pandemic has on the South African economy. Payment of debts are taking a backseat to your family’s essential needs in this time, and you may find yourselves asking “I cannot pay my debts […]
First and foremost, one need to understand that guardianship of children is a vital aspect of both the children’s and the parents’ lives. A parent or person who wishes to apply for the sole guardianship of a child, must understand what is expected of a guardian. In terms of section 18(2)(b) as well as section […]
