Legal Articles and Guides

A judge has given permission for a Cape Town father to drive to Bloemfontein to collect his two children who are in lockdown with their grandparents.

A forum representing about 20 000 micro and small businesses in Gauteng has written to the President demanding that the total ban on alcohol sales be lifted – or face a court challenge, says a Mail & Guardian report.

It seems there is still no clarity on the sale of baby goods during the lockdown after an application to the Constitutional Court on the issue was dismissed as not being in the interests of justice.

Freed when an out of court settlement was reached, the two Limpopo doctors forced into quarantine by authorities are considering legal action against the provincial health MEC Phophi Ramathuba.

The prohibition on the sale of cigarettes during the lockdown period has not led to a decrease in public disorder and has made the work of the police even harder.

The Gauteng High Court (Pretoria) has dismissed an application by several groups of waste recyclers in the Tshwane area to be recognised as an essential service and be allowed to continue activities during the lockdown – this despite a passionate plea by the groups that they have no water, no electricity, no firewood and were rapidly running out of food, says a Daily Maverick report.

To deal with the outbreak of Covid-19, the government has ‘raced’ to enact regulations providing for the restrictions of certain rights – such as freedom of movement – to reduce death and illness and protect public health.

The ditching of vulnerable people in the rainy-cold streets over the weekend has highlighted the alleged ‘anti-poor’ behaviour of Johannesburg, which was found to have acted unconstitutionally by the courts.

An attorney has written to the Chief Justice and Minister of Justice, raising ‘concern about the confusion that has arisen from a failure to provide consistent directives from the CJ’s Office and the Department of Justice’, concerning directives on the operation of the courts.

The SCA has reserved judgment on an appeal bid relating to a land dispute between two Eastern Cape groupings, which raises key issues on what constitutes a 'community', and the challenges in unpacking historical accounts of land dispossession between competing claimants.

The NPA is headed to the SCA to appeal an order that secured 13 Kimberley-based diamond dealers a permanent stay of prosecution, according to a report on the IoL site.

It is laudable that the government has taken drastic steps to curb the spread of the Covid-19 virus. However, this must be done in accordance of the law and by respecting all the rights protected in the Bill of Rights. To the extent that the current regulations are not authorised by law, or to the extent that the regulations unfairly discriminate against anyone, the regulations are invalid.

SA’s biggest public sector union, Nehawu, has threatened Health Minister Zweli Mkhize with court action, accusing his department of allegedly forcing some health workers to work without protective gear, notes a Cape Argus report.

If you live as a couple, avoid the trap of believing the myth of the “common law marriage”. It’s a very persistent myth, possibly because some other countries do indeed give formal recognition to certain forms of life partnership.

Acting Judge of the Land Claims Court, Advocate Thembeka Ngcukaitobi SC, has dismissed a leave to appeal application by Minister Maite Nkoana-Mashabane in relation to her role in the District Six saga, says a Daily Maverick report.