Legal Articles

Cor van Deventer's Articles

When A Dog Bites Into Your Pocket - Harm Caused By Pets

When one decides to get some barks for a buck, it is important to ensure that the animal is not a danger to third parties, let alone to the owners themselves. Pets are symbols of tender love and loyalty to those who own them, but things may indeed turn south if the animals are provoked. Necessary measures ought to be put in place so as to ensure that attacks by pets are eliminated.

OUTA 'OUTS' AARTO - Acts Declared Unconstitutional

The North Gauteng division of the High Court declared the Administrative Adjudication of Road Traffic Offences Act of 1998 (AARTO) and its amendment Act constitutionally invalid, in a landmark ruling delivered on 13 January 2022 in the case of Organisation Undoing Tax Abuse v Minister of Transport And Others 32097/2020. This is the culmination of efforts by the Organisation Undoing Tax Abuse (OUTA) which had raised concerns over the constitutionality of the legislation for a while. Other stakeholders such as the AA welcomed the decision, echoing that the legislation edged towards revenue collection rather than improving road safety. 

Department Of Basic Education To Discontinue Publishing Matric Results In Media

In a recent statement the Department of Basic Education announced that it will discontinue the publishing of matric results in the media, to comply with the Protection of Personal Information Act 4 of 2013 (POPIA) which came into effect, for the most part, on 1st July 2020. With the anxiety that grips learners each year towards the time when matric results are released and published, it may come as welcome news to some learners, whilst others opine that to some degree the publishing of matric results in the media encouraged them to work harder. Well, it seems those learners will have to motivate themselves in some other ways.

A Win For Heterosexual Life Partner - The Bwanya Case

In a recent landmark ruling, the Constitutional Court (Concourt) confirmed the invalidity of Section 1 (1) of the Intestate Succession Act 81 of 1987, as well as Section 1 of the Maintenance of Surviving Spouses Act 27 of 1990. The initial application had been brought before the Western Cape division of the High Court whereby the Applicant (surviving life partner) sought an order against the Executor’s rejection of a claim for inheritance and maintenance against the deceased estate.

Stopped For Drunken Driving? What Is Next?

As we put the festive season behind us, many people who had travelled to various holiday destinations will be heading back to where they are ordinarily based. Exercising caution and responsibility on the road can never be overemphasized, one life lost on the road, is one too many.

Domestic Violence Amendment Bill - Progress Or Retrogress

The concept of law as it is known, ought to adapt to the changing requirements and needs of the society that it seeks to regulate. It would definitely be a disservice if this is not taken into heed. This is primarily the reason why laws are amended, so as to cater for changed circumstances and/or developments in society.

The State Fighting In Their Corner - Domestic Violence

Statistics reflect that South Africa ranks amongst those with the highest incidences of domestic violence. This is a sad state of affairs, especially realising the historical and cultural dynamics around which women, who are mostly the victims of domestic violence, were subjected to abuse in traditional settings. So menacing are the effects that victims of domestic violence are left with emotional scars that will last for many years in their lifetime. In the most extreme of cases, it has been recorded that the behavior and/or character of some of the victims ends up turning antisocial if professional assistance is not sought. 

The Process Of Protection Orders In South Africa

There are several incidents of physical, sexual, emotional and financial abuse in our society today but unfortunately, most of them go unreported due to various dynamics and circumstances of the parties concerned. So rampant is the abuse especially against women and children such that the United Nations recognizes a commemoration of activism against such during the annual 16 Days of Activism of No Violence against Women and Children campaign, which took place between 25 November and 10 December in 2021. 

Drunken Driving - Charges May Be Withdrawn Or Taken From The Roll For This

It is during the festive season and holidays where law enforcement agencies are most visible on the roads. This is obviously because a lot of people are on the roads traveling to various holiday destinations. The duty of law enforcement agencies is to ensure that road safety is maximized, road accidents and carnage are reduced, and responsibility on the roads is being exercised. 

Drivers, Outclass One More Glass

As the December festive holiday spirit creeps in slowly, it is a hive of activity as the roads begin to get busier by the week. Usually, this phenomena peaks towards the final week just before the Christmas holiday, but due to the effects of the pandemic and people working from home, some people have found it convenient to travel earlier to avoid traffic congestion.

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