Someone dies, someone calls you. You have a repertoire, and the contents of the conversation are constant with minor variations- intestate or testate. “I am sorry for your loss” you say. Death has become you. You utter the sincerest phrase repetitively; you cannot remember the last time you said it with the sincerity it was designed for. The sympathies are not heartfelt. Death is final but for you, death is the beginning. You are in the business of death. You schedule an appointment for the first consultation. You go on with your day with so much ease, as if you haven’t received the most painf ..read more

The main issues surrounding baby making in the workplace revolve around the concept of pregnancy discrimination. Those who have babies through surrogacy or adoption fight to get maternity leave because their employers contend that they were never pregnant in the natural sense of the word. This also leads to issues of paternity leave. Those who can get pregnant are deemed to be incompetent, hormonal and are afforded little to no reasonable accommodation whereas the increase of women in the workplace has highlighted the need to develop workplace policies that protect women, especially during pre ..read more

“Now, one of the most essential branches of liberty is the freedom of one’s house. A man’s house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle.” – James Ortis South Africa experienced widespread riots and protests between the 9th and the 17th of July 2021. The riots were largely characterized by looting leading to disrupted supply chains and stifled logistical networks. The SANDF and the SAPs were deployed on a joint mission under Operation Prosper to recover the looted goods without search warrants in what appeared to be an illegal and unconstitutional ..read more

Previously, marriage was defined as a legal union between one man and one woman as husband and wife. With the recognition of same sex marriages and the promulgation of the Civil Unions Act, marriage is now defined as a legal union between two spouses. The Marriages Act is obviously two decades behind because heteronormative terms have no place in legislation in a society which promotes and recognizes equality There is constant debate on whether marriage is a status or a contract. In this regard, a short refresher on the elements of a contract is necessary. The elements of a valid contract are ..read more

In 1969, 21-year-old Norma McCorvey became pregnant with an unplanned third child. She attempted to get an abortion in Dallas due to a mistaken belief that Texas law permitted abortion in cases of rape and incest when in fact, the law only allowed abortion for purpose of saving the life of the mother. She attempted to obtain an illegal abortion but found that the unauthorized facility she had directed to had been closed down by local authorities. She launched an application to allow her to have an abortion. She birth before the case was decided and gave up her child for adoption. McCorvey then ..read more

An engagement is a verbal pactum de contrahendo (a contact to contact or a contingent contract) and there are no legal requirements for a marriage proposal to constitute a valid engagement.  When a couple gets engaged, the parties enter into a contract to enter into a marriage contract and to prepare for that marriage and the fanfare preceding it. A contract is a legal undertaking to perform certain obligations.  It gives rise to duties and rights and performance is the key element of a contact. When one party breaches the contract, the other party to the contract might suffer losses ..read more

“Candidate Attorney wanted:  Must be in possession of a valid driver’s license and must have own vehicle. Must be fluent in Afrikaans. Salary R5 500 non-negotiable.” Structural racism is a complex, dynamic system of conferring social benefits on some groups and imposing burdens on others, resulting in segregation, poverty, and denial of opportunity for millions of black people.  South Africa’s history of apartheid, structural racism and racial segregation negatively impacted black South Africans’ access to education and professional opportunities, thereby impacting the socio-eco ..read more

The most commonly used legal symbols are: a gavel (to sound that justice has indeed been served and that the matter has been finalised); the balanced scales of justice (symbolise the objective legal standard to show that the law is impartial and balanced. They represent the balance between interests of the individual and those of society); a book/scroll/legal tablets (symbolise the Constitution as the highest law of the land and that the law is written documented knowledge which must be continuously developed and passed on as legal education. They also hold the judiciary accountable for every ..read more

“Adultery and malicious dissertation are for the most part the only ultimate acts which indicate that a marriage has broken down. They are more often the effects of a marriage having broken down than the causes of breakdown”- South African Law Commission Report on Divorce In Ancient Rome adulterers were punished by the church or their families through unilateral self-help measures. Adulterers could be castrated, killed, banished, flogged and women could be sent back to their families (divorce). In 18BC, Emperor Augustus introduced the lex Julia de adulteriis which was a legal guideline aimed ..read more

Hair is a marker for various ethnic, religious, cultural, gender and racial indications. Hair has been used to denote religion, status, wealth, marital status and age. Hair and identity are inseparable. Nowadays, it is common for workplaces to have dress code, appearance and grooming policies. Most of these policies target black people. These policies tend to be fundamentally sexist and racist and in some cases may violate several cultural and religious rights and the right to freedom of expression thereby leading to hair-based discrimination. In 2017, the US army lifted its ban on black hair ..read more