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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.
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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.
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 did not occur.
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.
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.
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.
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.
The South African Police Service (SAPS) is entrusted with obligations and responsibilities in terms of the South African Police Service Act 68 of 1995 (as amended) to, inter alia, “A member who is obliged to perform an official duty, shall, with due regard to his or her powers, duties and functions, perform such duty in a manner that is reasonable in the circumstances”, as per Section 13 (3) (a).
Domestic violence in South Africa is governed by the Domestic Violence Act, 116 of 1998 (the Act). The Act was promulgated to give effect to the obligations under Sections 9, 10 and 12 (1) (c), (d), (e) as well as obligations under international conventions such as the United Nations Convention on the Elimination of all Forms of Discrimination Against Women.
As the Covid-19 pandemic continues on its destruction path, governments, business, labour and the general population are in constant inquisition as to the best approach to contain the pandemic. Whilst the vaccination drive has been ongoing, it is the low uptake amongst other groups in the population that has triggered clamors for vaccine mandates.
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