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Legal Articles and Guides

Employees: Your New Rights to Paternity and Parental Leave

By Ashersons Attorneys Published on Monday, 03 February 2020
Tags: #Civil Rights #Family Law #Health Care & Social
The concept of “maternity leave” has been around in our law for a long time, and the journey towards extending the concept to employees other than mothers has been a long one, marked latterly by much delay and confusion over implementation of new legislation addressing the issue.

Department ignores birth certificate order

By Juta and Company (Pty) Ltd Published on Thursday, 23 January 2020
Tags: #Family Law #Health Care & Social #Litigation
The Department of Home Affairs has ignored a court order compelling it to issue birth certificates to 24 children who live in towns bordering Lesotho without requiring their parents to pay thousands for DNA tests – allegedly because one parent is not South African.

Court gives gay couple equal rights as mothers

By Juta and Company (Pty) Ltd Published on Monday, 20 January 2020
Tags: #Civil Rights #Family Law #Health Care & Social #Litigation
A same-sex couple will begin treatment at a fertility clinic with a ground-breaking court order in hand that says they will both be mother to a child who has yet to be conceived.

January is “Divorce Month”: Beware the Dangers of DIY

By Ashersons Attorneys Published on Monday, 13 January 2020
Tags: #Family Law #Litigation
The festivities are over, the bills are coming in and everyone is returning to reality. Couples who for most of the year only have to live with each other after work hours, have suddenly spent a whole lot more 24/7 time in each other’s close company.

Dads, surrogate mothers entitled to parental leave

By Juta and Company (Pty) Ltd Published on Monday, 06 January 2020
Tags: #Civil Rights #Employment and Labour Law #Family Law
The law providing for paid parental leave for parents of new-born children, which took effect on 1 January, has been welcomed by trade union federation Cosatu, notes BusinessLIVE.

Judge orders twins returned to parents

By Juta and Company (Pty) Ltd Published on Monday, 06 January 2020
Tags: #Civil Rights #Family Law #Health Care & Social #Litigation
The Gauteng High Court (Johannesburg) ordered that an unnamed place of safety and the police return twin girls to their parents after they were ‘lost’ in the social care system for four days following their parents arrest.

Bitter custody battle to be decided soon

By Juta and Company (Pty) Ltd Published on Friday, 29 November 2019
Tags: #Family Law #Litigation
The fate of three children whose father took them overseas without their mother’s permission will soon be decided by three Western Cape High Court judges, says a Times Select report.

Ministry's deadline miss fails to impress top court

By Juta and Company (Pty) Ltd Published on Wednesday, 27 November 2019
Tags: #Civil Rights #Family Law
The Justice Ministry’s failure to meet a two-year deadline to change the law to protect women in polygamous marriages has not impressed the Constitutional Court, which had ordered the Ministry to amend the Recognition of Customary Marriages Act (RCMA) to ensure the equitable distribution of assets should a spouse in a polygamous marriage die.

Group seeks right for parents to bury a foetus

By Juta and Company (Pty) Ltd Published on Friday, 15 November 2019
Tags: #Family Law #Health Care & Social #Litigation
Parents who lose their unborn child before 26 weeks of gestation should have the choice to bury the remains and government has no right to place legal barriers in their way.

Home Affairs finally relents on 'trapped' children

By Juta and Company (Pty) Ltd Published on Tuesday, 05 November 2019
Tags: #Civil Rights #Family Law #Immigration Law #Litigation
Five American families and the special needs SA children they have legally adopted will finally be able to go home after the Home Affairs Department agreed to issue the necessary documents and passports.

Judge asked to hear children's voices in custody case

By Juta and Company (Pty) Ltd Published on Tuesday, 15 October 2019
Tags: #Constitutional Law #Family Law #Health Care & Social #Litigation
Judgment was reserved in the Western Cape High Court yesterday in what a News24 report describes as a potential landmark case involving the voices of children being heard in court cases.

Dementia and Incapacity: What is a Power of Attorney and is it Forever?

By Ashersons Attorneys Published on Wednesday, 02 October 2019
Tags: #Family Law #Health Care & Social
Although the actual prevalence per capita of dementia is reportedly on the decline, aging populations ensure that it is becoming more and more of a problem in society – for older people, their families and caregivers.

Another step in the protection of children

By Juta and Company (Pty) Ltd Published on Wednesday, 25 September 2019
Tags: #Civil Rights #Criminal Law #Family Law #Health Care & Social
The Constitutional Court judgment on corporal punishment at home – Freedom of Religion SA v Minister of Justice and Constitutional Development and Others – is a decision that has the country on ‘tenterhooks and in heated conversation’.

Undocumented children’s right to learn case under way

By Juta and Company (Pty) Ltd Published on Thursday, 19 September 2019
Tags: #Civil Rights #Family Law #Litigation
More than a dozen attorneys and advocates lined up yesterday in the Eastern Cape High Court (Grahamstown) battle against Home Affairs and national and provincial education departments, in which an NGO and a school seek to give undocumented children in SA free access to basic education.

Court upholds children's rights in spanking case

By Juta and Company (Pty) Ltd Published on Thursday, 19 September 2019
Tags: #Constitutional Law #Criminal Law #Family Law
The common-law defence of reasonable chastisement can no longer be used when spanking a child, the Constitutional Court ruled yesterday. TimesLIVE says the court's upholding of a ruling by the High Court to do away with the defence comes at a time when violence against women and children has been a burning issue.

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