Featured Articles

Health Care Power Of Attorney
This is a general form that names a Health Care Representative and grants authority to make limited health care decisions for you including, if you wish, the decision to refuse intravenous feeding or turn off the respirator if you're brain-dead
Traffic fines - know your rights!
The Metro Police may threaten to arrest you for unpaid traffic fines. Know your rights.
The implications for a patient signing an indemnity before admittance to a hospital
If you sign an indemnity before an operation, are the hospital, doctors or staff liable if negligence occurs?
Fathers fight for their rights
A SA branch of the British founded Fathers-4-Justice (F4J), a civil rights organisation campaigning for children's rights to see both parents and grandparents after a divorce, has been formed. Dr Steven Pretorius the founder of F4J in SA, said the organisation's main goal was to raise awareness of the plight of many parents – mainly fathers who had restricted or no access to their children
Marriage after birth of child
What is the legal effect on the father of an illegitimate child who subsequently marries the child’s mother?
Joint v. Sole Custody
What are the rights are of a parent who has joint custody of a child as opposed to one that has sole custody?
Outstanding fine arrests ‘on rise’
MOTORISTS, particularly in Johannesburg, are being arrested or held illegally for outstanding traffic fines at police roadblocks, says Johan Gresse of the Law Society of the Northern Provinces.
Using a Cellphone while driving
It appears that you may be fined for talking on a hands free cell phone if the phone is not attached to the vehicle in some or other manner.
Emigration of minors with the custodian parent
What is the legal position of a divorced parent taking a child overseas permanently?
Maintenance in the best interests of the child
Every child has the right to basic necessities such as food, shelter, clothing, medical care and schooling.
Cameraphones: Innocuous Gadgets or Workplace Threats
More employers are realizing the need for a formal policy that puts employees on notice as to the limits of permissible cameraphone use in the workplace.
New Adult
Your rights and responsibilities as a new adult...
Abduction
When a divorced parent takes a child from home without permission
Abduction
Taking a minor - an unmarried person of either sex under the age of 18 - out of the control of his or her parent or guardian against the latter's wishes, with the intention of marrying or having sexual intercourse with the minor, is a crime - even if the minor is taken on behalf of another person.
Divorced parent taking child overseas
A divorced parent may be refused permission to take a child overseas if it not in the best interests of the child
Consumer code for credit bureaus
This is the code that governs the conduct of credit bureaus
Domestic violence
When domestic violence has entered a family, all parties require intervention, support and assistance in choosing a different, more preferred way of being.
Family Violence
Seeking protection from violent or malicious family members
Removal of adverse listings
How to clear your name at the credit bureaus
Rescission of judgments
When can you have a judgment set aside?
Small Claims Court
Institute your own claim
First Steps after an Accident or Injury
If you are in an accident or suffer any kind of injury, do you know what steps to take to protect your legal rights?
What to do after an accident
What are your duties after a crash? What are your rights if you are injured or your car is damaged?
Contracts - A Legal Guide
Some insight into the nature of a contract.
Any Chance Of Emancipation For The African Woman
In this case, involving succession to the whole of the estate of a deceased person who died intestate, the respondent (father of the deceased) opposed an application by the widow to succeed to the estate.
Debts, Recovery of
What to do when someone owes you money
The Prohibition of Unfair Discrimination in the Workplace
The purpose of the Employment Equity Act (EEA) is to achieve equity in the workplace
Your Fundamental Rights
Every person is born with basic human rights...
Victims of Sexual Offences
Victims of sexual offences often feel scared, confused, and angry. They do not know where to turn for help. This guide provides valuable information.
SCA rules on child sexual abuse claims for civil damages brought later in life
On Monday, 27 September 2004 in the first case of this kind in South Africa, the Supreme Court of Appeal (SCA) handed down a ruling that prescription will only start to run in child sexual abuse claims brought by adult survivors of such abuse once the survivor is aware that they were not to blame for the abuse.
Sale in execution must be ‘justifiable’ – ConCourt
Courts will in future be called on to determine whether the sale in execution of houses to settle debt is justifiable, the Constitutional Court ruled.
When can you shoot to defend yourself?
Can you use lethal force to protect your property, and if so, when? South Africans are confused about how much force they can use in defending themselves from crime, and mistakes in this area could have disastrous consequences.
Contract for love
The author deals with cohabitation, marriage, divorce and the painful process of winding up an estate after death. Wherever your relationship is going, take this information with you and you'll be better prepared for the future.
ConCourt rules customary inheritance laws unconstitutional
The Constitutional Court has declared laws governing primogeniture - which allows complete inheritance by the eldest male descendant –to be unconstitutional and invalid.
Display those acts
By law, you are required to display extracts from certain acts in a prominent position in your workplace for the benefit of your staff. Failure to do so could lead to severe penalties ranging from fines to a criminal record.
Consumers ripped off by furniture stores
Millions of South African consumers who buy items on terms are being unwittingly ripped off by furniture companies - and there's nothing they can do about it.
'Spouse' in Intestate Succession Act and the Maintenance of Surviving Spouses Act includes partners to Muslim marriages
Persons married according to Muslim rites are spouses for the purposes of inheriting or claiming from estates where the deceased died without leaving a will.
Change of surname on marriage
It is the social custom of the land for the wife to adopt the family name or surname of the husband, together with the designation “Mrs”.
Duration of duty to support children
A parent’s duty to support a child does not cease when the child reaches a particular age but it usually does so when the child becomes self-supporting.
The Domestic Violence Act 116 of 1998
The objective of the Act is to provide an effective legal procedure for victims of domestic violence and to facilitate a cheap procedure that can be followed in the magistrate’s court
Failure to Pay Maintenance
What legal steps can you take if your spouse fails to pay maintenance?
Marriages in community of property
When is the consent of the non-contracting spouse required? In terms of the Matrimonial Property Act certain transactions require the formal consent of a spouse, others require only informal consent and some require no consent at all.
Adoption
Adoption is a legal way for an adult single person or couple to become the legal parents of a child. When you adopt a child, the child becomes yours as though born of you.
Specimen Health Care Power Of Attorney
This form is provided for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. This form is not a substitute for the advice of an attorney
Constitutional Court strikes blow against spousal abuse
The Constitutional Court struck a blow against spousal abuse when it ruled on the constitutionality of the Domestic Violence Act, Act 118 of 1998, dismissing an application for leave to appeal by Ahmed Raffik Omar, whose claim that the Act infringed on his right to a fair trial had been rejected by the Natal Provincial Division of the High Court.
How does the law affect you?
Really useful links supplied by the Law Society of Kwa-Zulu Natal
Who to contact if you're unhappy
There is nothing more frustrating than having hassles and disputes with a bank, lawyer, your medical aid or pension fund, and not being able to resolve it to your satisfaction. If you are tired of being bullied by people and organisations, stand up and fight back! You will find lots of useful contact details on this page.
SA consumers find safety in new credit act
The most far-reaching consumer legislation in years became effective in June 2006. The National Credit Act sets a framework for every type of credit transaction, from microloans to homeloans, from overdrafts to furniture finance. We report on when other protection measures take effect.
The Firearms Control Act
This article deals with a few of the more important provisions of the Act which concern the ordinary citizen who possesses a firearm
The Voetstoots Clause
What is the effect of a voetstoots clause in a Sale Contract on the discovery of undisclosed defects by the buyer on taking occupation of a property?
Forget voetstoots
The voetstoots clause does not protect sellers who deliberately fail to disclose defects of which they are aware.
Latent and patent defects and the voetstoots clause
Where there is some defect in the house which is not apparent on a careful inspection, the seller is liable for those defects if he or she knew about them. The voetstoots clause in the agreement of sale will not take away the seller's liability. In other words, the seller has a duty to reveal to the buyer any latent defects. In such an instance, the seller may be called upon to refund part of the purchase price or even to accept cancellation of the entire sale, depending on the nature or extent of the defect.  
Small Claims Court - Institute your own claim!
A pamphlet issued by the Department of Justice and Constitutional Development to expalin the steps to sue out of the Small Claims Court
Frequently asked questions
Simple answers to frequently asked questions
Privacy law in a nutshell
Paul Jacobson describes when a person's privacy is inviolate
The workplace taboo - where there is smoke, there is a cigarette – or not?
Is smoking an ecigarette prohibited under the Tobacco Products Control Act of 1993 or the Amendment Act of 2008?
How to spot an abuser
Why do seemingly intelligent women fall into the hands of abusers? We take a look…
Did you know your Traffic Fines may be invalid?
Go to www.trafficfinelaw.co.za and get the “Traffic Fine Assessment Kit”, learn how to deal with traffic fines, court summons and police roadblock arrests
To Smoke or Not to Smoke
Is it OK for an employer to require its smoking staff only to smoke in a designated area at the back of the building. Normally that’s not a problem, but is it fair in inclement weather where there’s no protection from the elements?
Donating your body to medical science or donating your organs
Have you thought about donating your body to medical science or donating your organs, on your death?
Jilted at the altar without a cent
Though in some countries an engagement between a man and a woman is merely a romantic and social event, in South Africa it involves a legal contract that creates rights and obligations for the engaged couple. For example, if a man breaks off an engagement without good reason (in other words, he commits a breach of promise), he may be instructed by a court to pay damages to the jilted fiancé.
Marriage
Marriage is one of the most important steps that a couple can take. South African marriages are legally protected, and certain benefits are given to spouses upon the conclusion of a marriage.
The Compensation Fund and the law
Workers who are injured or contract a disease through their work can claim money from the government’s Compensation Fund.
Abortion
Whether you are pro- or anti-abortion, in terms of the Choice of Termination of Pregnancy Act, 92 of 1996, any woman (irrespective of age) who does not want to go through with a pregnancy can choose to have the pregnancy terminated. Parental or partner's consent is not required.
Termination of pregnancy
Whether you are pro- or anti-abortion, in terms of the Choice of Termination of Pregnancy Act, 92 of 1996, any woman (irrespective of age) who does not want to go through with a pregnancy can choose to have the pregnancy terminated. Parental or partner's consent is not required.
Unmarried ‘survivor’ not entitled to maintenance from the estate of her deceased partner
In the case of Richard Gordon Volks NO v Ethel Robinson and Others, the Constitutional Court heard an application concerning a woman who wanted to be paid maintenance from her unmarried partner’s estate.
Court rules on sperm donors
South African law prohibits the use of the sperm of a dead man unless he had given written permission
Driving under the influence of alcohol
Being under the influence of alcohol while driving can have far-reaching consequences. Not only are you endangering your own life, but also the lives of everyone you encounter on the road.
Remedies for Noise Nuisance
I am often asked what a person can do about excessive noise coming from a neighbor’s property.
Employee’s right to privacy and secrecy
Section 14 of our Constitution provides that everyone has the right to privacy