Gauteng High Court proposes mandatory mediation for civil cases

Judges Matter welcomes the move but says more judges are needed By Tania Broughton The Gauteng High Court has too few judges for the number of civil matters enrolled, with the earliest available court dates in 2031. A draft directive by Judge President Dunstan Mlambo proposes that cases will only be set down for trial if they first undergo mediation. Some...

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Can the SRD grant court order be implemented? Activists say yes

The Department of Social Development is to appeal the recent ruling. But #PayTheGrants and the Institute for Economic Justice say it should and can be implemented By Marecia Damons The High Court in Pretoria has ruled that regulations limiting access to the R370-a-month Social Relief of Distress (SRD) grant are unconstitutional and invalid. The court has ordered the government to increase the grant, raise...

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What rights do the backyard dwellers have to my mother’s council house now that she’s died?

The short answer Council houses are not owned but rented to tenants, the tenancy agreement comes to an end automatically when the tenant dies. The long answer As council houses are not owned but rented to tenants, the tenancy agreement comes to an end automatically when the tenant dies. These are the rules that apply to living in a council house in Cape...

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Where can I as a pensioner go with my disabled grandchildren now that we have been evicted?

The short answer You should get legal advice if you have been evicted without a court order. The whole question Dear Athalie I am a pensioner. My two grandchildren live with me – both have disabilities. I lost my job and then my house, and we ended up living in a shack in the backyard of someone else's property. We have a few...

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Promise Mabilo’s child has asthma. She is fighting for cleaner air in Mpumalanga

“Living in Emalahleni is like living in a closed bottle. It’s difficult to breathe.” By Ihsaan Haffejee An environmental activist in eMpumelelweni township in Emalahleni, Mpumalanga, is determined to get government to improve air quality in the region. The air quality in the Emalahleni region is amongst the worst in the world. Promise Mabilo started the Vukani Environmental Movement which campaigns...

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Is it legal for an old age care facilities to take the residents’ SASSA cards to buy them things not provided by the facility?

The short answer No. SASSA says unequivocally that no one should give their SASSA cards to any other person. The whole question Dear Athalie My elderly relative is living in a frail care facility. The staff took her SASSA card to buy "extra things" not provided by the home, like snacks, etc. But they never provide receipts, even after I asked! I eventually...

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I received a NSFAS loan in 2017 that was converted to a bursary in 2018. NSFAS wants me to pay the money back but I can’t afford to. What should I do?

The short answer The loan repayments are contingent on your income and only begin when you are working and have an income of more than R30,000 annually. NSFAS also liaises with SARS to establish the income earned. The whole question Dear Athalie I received a loan from the National Student Financial Aid Scheme (NSFAS) in 2017 for my first year at university. For my...

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Save the date for PILG 2024

PILG - Public Interest Law Gathering 2024 The New Possibilities and Challenges Presented by a GNU World Save the Date - 03 to 04 December 2024 Download the call for proposals: PILG 2024 call for proposals  

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Understanding the High Court ruling on rape and consent

Minister of Justice opposed the case to have “defence of subjective consent to rape” scrapped By Geoffrey Allsop The Johannesburg High Court has delivered a significant judgment. It has declared unconstitutional the defence of “subjective consent” to a charge of rape. Judge Selby Baqwa said such a defence unjustifiably violates the constitutional rights of rape survivors and complainants to equality, human dignity, privacy and...

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Court bid to decriminalise sex work

The laws “have not deterred … the selling or buying of sex … and are not rationally capable of doing so. They merely create greater stigma and vulnerability among sex workers and violate their rights.” By Tania Broughton A Cape Town sex worker, with the support of the Sex Worker Education and Advocacy Taskforce (SWEAT), has launched a constitutional challenge to...

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