Legal Articles and Guides

There are a number of important cases that Shapiro & Ledwaba Incorporated has been involved in.

The struggle to bring Muslim marriages under the constitutional fold continued in the Western Cape High Court, says a Cape Argus report. Yesterday, Advocate Nazreen Bawa of the Women’s Legal Centre (WLC) – who brought the case before court – read out a summary of her heads of argument. Detailing the WLC’s application, Bawa described the complaint as an unmet constitutional obligation.

Arguments to have the Muslim Marriages Bill made law finally started in the Western Cape High Court yesterday. A Cape Times report says the Women’s Legal Centre (WLC) has brought President Jacob Zuma, Parliament, the departments of Home Affairs, Justice and Correctional Services to court to have Muslim marriages recognised with the passing of the Bill. The WLC is arguing that by not recognising Muslim marriages under common law, Muslim women are not afforded legal protection and do not have access to the courts to assert their rights.

In an unusual case, a father has been barred from smoking in front of his children. According to a Beeld report, the father brought an urgent application before the Gauteng High Court (Pretoria) to force his estranged wife to place their children in his care until 23 July. The couple’s eldest child has a physical disability and the father told the court that he wanted to contribute to the specialised care the child needs, but the mother was refusing to allow the children to stay with him.

The Constitutional Court reserved judgment last week in a confirmation hearing on the Limpopo High Court’s decision in the matter of Ramuhovhi and Another v The President of the Republic of SA. A Fin24 report says his case concerns the validity of section 7(1) of the Recognition of Customary Marriages Act (RCMA). Section 7(1) of the RCMA regulates the proprietary consequences of polygynous marriages entered before the Act came into force in November 2000.

It is a common occurrence in our Courts when that parties separate they often require domestic violence orders against one another.  These domestic violence orders usually prohibits or permits certain actions from either party and should these provisions in the so-called interdicts be beached, the aggrieved party would of course be able to approach the local police station for the offender to be arrested. 

The customary marriage issue is to be argued in the Constitutional Court today. The matter has been brought by Thokozani Maphumulo, the second wife of her husband, Musawenkosi, for 25 years until his death. In his will he left his entire estate to his eldest born son from his first wife. In 2015, two years after he died, she was served with an eviction notice and she became another victim of an unregulated customary marriage system, notes a News24 report.

A battle over what constitutes a traditional African marriage is headed to the Constitutional Court. The break-up between former MTN CEO Sifiso Dabengwa and Joburg Theatre CEO Xoliswa Nduneni-Ngema led to a 10-year legal fight, with Nduneni-Ngema seeking half of the multimillionaire’s estate, says a Sunday Times report.

An emotional ‘tug-of-war’ between a separated couple over their child’s schooling ended when a KZN High Court (Pietermaritzburg) judge intervened as ‘upper guardian’ of the child, says a report in The Witness. The mother of the seven-year-old boy brought an urgent application this week to demand that the biological father sign and present all necessary documents to enrol the child in a certain primary school within 24 hours.

The Department of Justice’s Maintenance Court in East London is under fire as single mothers accuse court clerks of bungling their child support payments. The Daily Dispatch says it understands that the child support money is deposited into the court’s bank account and a court clerk then transfers it to the legal guardian of the child, often the mother.

At least one parent must donate sperm or eggs for a surrogacy agreement to be legal, the Constitutional Court ruled yesterday, dashing the hopes of an infertile woman who had wanted to ask a surrogate to carry a baby for her – despite being medically unable to use her own eggs or to donate sperm from a spouse or sexual partner. She is single after a split from her husband, says a TimesLIVE report. At stake during the complex legal arguments were fundamental issues involving the natural bond between a parent and child‚ as well as the child's right to know where he or she comes from.

In South Africa there are only 3 possible marital systems for couples who are getting married to chose from. They are: (i) A marriage in community of property; (ii) A marriage out of community of property; or (iii) A marriage out of community of property but with the accrual. The choice between the 3 marital systems is very important since it will govern how your assets and liabilities (debts) will be dealt with, not only between the two of you, but also between you and other people.

Durban attorney Estelle de Wet has been lambasted by KZN High Court (Durban) Judge Themba Sishi for ‘completely unacceptable, obstructive conduct’ in her handling of a matter before the Family Advocate’s Office involving a father’s bid for access to his son. The Mercury reports the ruling – against which the attorney intends to appeal – sets a precedent in SA, effectively barring attorneys from being present during family advocate interviews.

A mother – owed R175 000 in unpaid interim maintenance from her estranged husband – was forced to go to the High Court to get an order compelling the sheriff to obey a court instruction to attach money in his bank account, says a report in The Mercury. The office of the sheriff had refused for months to act on an order issued by the Regional Magistrate’s Court on 1 June this year.

While new proposed legislation would offer 10 days of parental leave and new leave provisions for parents who adopt or have children through surrogates, gender activists argue that all parents should have the same parental leave benefits. The Mercury reports the Labour Laws Amendment Bill is with Parliament's Portfolio Committee on Labour, which is considering submissions made last month by Sonke Gender Justice jointly with the Mosaic Training, Service and Healing Centre for Women, and by Cosatu.