Legal Articles and Guides

The Equality Court in Muizenburg in the Western Cape has ruled that the words ‘black bitch’ and ‘kaffir’ are hurtful. A Times Select report says Ronald Fivelman (66) has been ordered to give an unconditional written apology to Nomtha Macala (37), the woman on the receiving end of those words.

The legal fight about whether the media should withhold the identities of child offenders after they turn 18 is headed to the Constitutional Court. The Star reports University of Pretoria-based law clinic – the Centre for Child Law (CCL) – sought to secure a ruling that would bar the media from naming child accused, witnesses and victims even when they turn 18.

A widow’s two adult children have persuaded a court to curb their mother's lavish spending sprees on frivolous hobbies and other unnecessary items. According to a report in The Mercury, the elderly woman’s children said she also fell for all kinds of scams as she simply coughed up money or incurred debt to cater for her needs.

The Human Rights Commission (SAHRC) is seeking an urgent meeting with Breede Valley municipality and the judiciary in the wake of farm workers’ evictions in the area, notes a Weeklend Argus report. Western Cape SAHRC Commissioner Chris Nissen said the meeting with the Magistrates’ Commission was intended to bring the plight of farm workers to its attention.

The police’s top brass have filed an application for leave to appeal an Equality Court judgment which found the allocation of policing in the Western Cape discriminated against poor black people. A Cape Times report notes the move has angered the Social Justice Coalition (SJC), which said it was disappointed in the Minister of Police, the National Police Commissioner and the Western Cape Police Commissioner.

SA domestic workers may soon see a change in their legal status, notes a Mail & Guardian Online report. Maria Mahlangu had been a domestic worker for two decades when she drowned in her employer’s pool. She was employed by the De Clercq family for 22 years. But when she died, they offered her daughter, Bongi Mahlangu, R5 000 as compensation.

Haunted by the knowledge that their children’s futures are slipping away as a result of Home Affairs officials’ refusal to issue them with birth certificates – a group of SA parents has filed a class action against the department. A Daily Dispatch report says the main aim of the legal action – led by lead counsel Lilla Crouse SC – is to stop officials from demanding DNA tests that cost thousands of rands before children are issued with a birth certificate.

Khoisan members camping at the Union Buildings have lambasted the new Traditional and Khoisan Leadership Bill, saying it did not include them. The Bill was passed during a special sitting of the National Council of Provinces on Thursday, notes the Pretoria News. It is aimed at giving recognition to Khoisan communities, leaders and structures, and also affected people living under a customary rule.

A teacher from Laerskool Schweizer-Reneke in the North West was suspended yesterday following outrage over a picture she allegedly took of black Grade R pupils in her class being seated separately from their white classmates on their first day of school. The announcement was made by the North West Department of Education during a meeting at the school following demonstrations by community and political groups.

The hostility of an unhelpful King William’s Town magistrate who refused to assist an unrepresented accused facing a negligent driving charge has resulted in his conviction being set aside, notes a report in The Herald. In setting aside the conviction and R2 000 fine dished out to Wildridge Peter Galt in the King William’s Town Magistrate’s Court, the Eastern Cape High Court (Grahamstown) affirmed both the right of accused people to be legally represented as well as their right to refuse it and represent themselves.

Fighting to keep open the perilous Uitsig High School in gang-infested Elsies River, former Cosatu provincial secretary Tony Ehrenreich has backed an approach to the SCA to overturn a decision to close it, says a Cape Argus report. Education MEC Debbie Schäfer has been served with papers advising her of the school taking her decision to close the school last year to the SCA.

The first day back at school yesterday was marred by a racism incident at a North West school. The province's Education MEC and other politicians will visit the school today to investigated allegations that grade R learners were separated by race.

The design of a baby carrier that is not only suitable for the baby but comfortable for the mother as well is at the centre of a dispute between its designer, Shannon McLaughlin, and Woolworths after she discovered the exact design being sold at the retail giant's online shop in December 2018. McLaughlin, who is accusing the retailer of stealing her design and concept, described Woolworths’ conduct as ‘completely unethical’, says a TimesLIVE report.

The Land Claims court has rejected an ‘obviously false’ claim over large parts of KZN, which was pursued by the Land Claims Commission for 20 years, Netwerk24 reports. Judge Eberhard Bertelsmann made damning findings about the conduct of the government and the Qwabe-Waterfall community that claimed vast areas of land belonging to Tongaat Hulett and 26 other owners.

The ANC in the Western Cape has asked Public Protector Busisiwe Mkhwebane to investigate the alleged racial incident at Cape Town’s Clifton Fourth beach in December. A furore erupted over Christmas after it emerged beachgoers were instructed to leave the beach. Beachgoers, including ANC provincial secretary Faiz Jacobs and his family, were instructed to leave the beach after members of a private security company, PPA, allegedly imposed an 8pm curfew, according to a report in The Citizen.