Legal Articles and Guides
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A Nigerian pastor who fled religious persecution will finally be able to officially marry his SA partner after the Eastern Cape High Court (Port Elizabeth) declared a Department of Home Affairs ban on asylum-seeker marriages unconstitutional. A Weekend Post report says Pastor Emmanuel Paulking Oche Ochogwu (35) tried unsuccessfully to marry last year.
A fund manager and professor in applied mathematics who was adopted 51 years ago as a baby has approached the Gauteng High Court (Pretoria) to set aside his adoption in order to claim a share of his wealthy biological father's estate, notes Rapport.
The dream of starting a family despite tragic circumstances came a step closer for a widow (36) when Judge Judith Cloete ruled in the Western Cape High Court that she could use her late husband’s frozen sperm for a ‘posthumous conception’.
Heads of argument filed with the Constitutional Court by Legal Aid SA Advocates Lilla Crouse and Chris Schuring, representing an unemployed mother (47) of two adult children, who is also the ex-wife of a Deputy Minister, say her case highlights the discrimination against women who live in a patriarchal community in the former Transkei.
Delinquent fathers dodging maintenance payments are to be blacklisted from accessing credit. Key sections of the Maintenance Amendment Act came into effect on 5 January after President Jacob Zuma and Justice Minister Michael Masutha approved the relevant regulations. A report in The Mercury says the new law will give maintenance officers powers to track child maintenance defaulters through information obtained from cellphone service providers.
Children are a blessing and before they are even born, your primal apprehension is to safeguard your child and provide them the very paramount of what life can offer. As soon as it comes to our children love is transparent and imminent.
The Domestic Violence Act, 1998 places a robust prominence on the extermination of violence. Domestic violence effects destructively on the day-to-day lives of the sufferers. Families that are beleaguered by Domestic Violence are prohibited from realising their bursting potential. Every person has the right to grow as a human being and be treated with respect. Domestic violence is frequently assumed to only comprise corporeal viciousness, but the actions and results that make up domestic violence differ in nature and regularity. This Act applies to violence that takes place in a domestic relationship.
The Gauteng High Court (Pretoria) has refused to approve a surrogacy agreement between a gay couple who are not living together as a ‘family unit’. According to a Beeld report, Judge Ronel Tolmay raised concerns about one of the partners, a medical specialist, who is worried that his paternity through surrogacy would reveal his sexual orientation to colleagues.
A Deputy Minister is embroiled in a divorce battle with his ex-wife in a case that could set a precedent for women in the Eastern Cape, says a report in The Star. The unemployed mother has revealed in an affidavit filed in the Constitutional Court that her husband disregarded her as an equal and reduced her to an inferior being. ‘He set the (bad) example of how men should treat women in the area of the former Transkei,’ stated the ex-wife’s affidavit.
The South African Constitution provides an extensive Bill of Rights protecting the rights of all South Africans. Notwithstanding the fact that the values underlying the Constitution envisage a parent-child relationship as one excluding all forms of violence, South African parents have until recently been allowed to inflict physical harm on their children for disciplinary purposes. After the recent South Gauteng High Court judgment, this is no longer the position. Consequently, children’s underlying democratic values of human dignity, equality and freedom are not allowed to be undermined.
Western Cape High Court Judge Andre le Grange has declared the Wills Act inconsistent with the Constitution, as it only recognises legal marriages and not Muslim marriages. A Cape Argus report says this comes in the wake of a highly publicised Muslim Marriages’ legal dispute.
Cheating lover Mtshengu Zimu, who booted out his fiancée after he started a relationship with another woman, will have to cough up R123 149 for the pain he caused his former prospective wife. A report on the IoL site notes that Noncebo Nhlapo claimed more than R2m in damages from Zimu after he had asked for her hand in marriage, but later reneged. While allowing certain expenses Nhlapo proved she incurred in preparation for their ‘long and happy life together’ and some damages for her injured feelings relating to the manner in which he had dumped her, the court refused the bulk of her claim.
The Eastern Cape High Court (Grahamstown) has ruled in favour of biological parents in round one of what promises to be an epic court battle for primary custody of a little boy, says a Daily Dispatch report. According to court papers, the two-year-old was largely cared for by his biological mother, Jenny, and her spouse Katy during their marriage (not their real names). But when the Grahamstown couple’s relationship broke down they separated.
A judgment in the Western Cape High Court has brought relief to transgender people whose gender could not be changed by the department or who were advised to divorce and remarry, according to a TimesLIVE report. The case centred on three women and their spouses. In two cases the Department of Home had refused to change their gender description.
Children’s rights came into focus in the Western Cape High Court yesterday as arguments to have Muslim marriages recognised under common law continued, notes a report in The Mercury. Advocate Michelle O’Sullivan, for the Women’s Legal Centre (WLC), argued that because Muslim marriages were not recognised, when couples divorced there was no automatic court oversight for the well-being of minors. This included issues such as where children would live, and orders on maintenance payments.