Legal Articles | All posts archived in 'December 2021' — Page

 

Legal Articles

From monthly archives: December 2021

We are pleased to present below all posts archived in 'December 2021'. If you still can't find what you are looking for, try using the search box.

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. 

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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. 

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Drunken Driving - Charges May Be Withdrawn Or Taken From The Roll For This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

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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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The Role Of The SAPS in Domestic Violence Matters

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).

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Who Is Protected Under The Domestic Violence Act 116 Of 1998

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.  

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Constitutional Court May Have Final Say On Mandatory Vaccine

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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COVID-19 Vaccination - The Certain Skepticism In Bureaucracy

South Africa’s COVID-19 vaccination program is well ahead in its implementation, but not without facing opposition in its uptake from some quarters, much like the rest of the world. In this age of citizen journalism where anyone is able to record and disseminate information through channels and platforms like Facebook, YouTube, Instagram and so forth, there has been much ado about the effectiveness of the vaccines, with some quarters having reservations.

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Workplace Vaccination - The Three Step Assessment

Despite the optimism that one of the most effective ways in which the Covid-19 pandemic will be put under control, is through vaccination to achieve herd immunity, the vaccination drive has been met with skepticism in some quarters. The worrying phenomena is that the quarter that holds skepticism is substantial within the population, thereby working against achieving herd immunity fast, or at all.

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Mandatory Vaccinations in the Workplace - One Last Hurdle

On 7 December 2021 the South African Minister of Labour, Thulas Nxesi announced at a meeting of the National Economic Development and Labour Council (NEDLAC) that the forum has plans to approach the Constitutional Court to request a declaratory order on, mandatory workplace vaccination as well as reserving the right to declare certain places inaccessible if one is not vaccinated. NEDLAC is a coalesce forum where business, labour and government influence policy.

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