The short answer The Director-General of Home Affairs can issue an order that will allow a foreign ex-spouse who applies for a visitor’s or relative’s visa to stay in the country. The long answer There was a recent case (June 2022) brought to the Western Cape High Court by several foreign ex-spouses wanting to stay in South Africa as they were contributing to their...

A shortage of judges and insufficient research and secretarial support are among concerns raised about the judiciary By Marecia Damons Judge Jacqueline Henriques took three years to deliver a judgment. In her judgment, she said that a lack of adequate secretarial and research support were among the reasons for the delay. According to civic organisation Judges Matter, systemic issues affecting the...

“The holding of political office and remaining registered as a medical practitioner are not mutually exclusive” says judge By Tania Broughton Last year in a widely circulated video, Limpopo Health MEC Dr Pophi Ramathuba told a hospitalised Zimbabwean patient: “You are killing my health system. It’s unfair.” A preliminary committee of the Health Professions Council of South Africa (HPCSA) found that...

Ruling on the display of the flag in private homes to be determined at another hearing, if brought before a court By Tania Broughton The Supreme Court of Appeal (SCA) has ruled that displaying the old South African flag is hate speech, unfair discrimination on the basis of race, and harassment, upholding an Equality Court ruling. The SCA however amended the...

The legislation was sent to the president more than two months ago 2 December 2022 | By Chris Gilili Domestic workers were excluded from claiming for compensation for work injuries until the Constitutional Court ruled in 2020 that a section of the Compensation Act was invalid. The amendment bill correcting this was sent to the President in September this year but has not...

Land Claims Court says the Constitution requires that ESTA be given a “generous interpretation” 21 November 2022 | By Tania Broughton The Land Claims Court has ruled that removing grazing rights can amount to an eviction. Courts have previously ruled that grazing is only permitted by consent of the landowner. The Constitutional Court has said that a “blinkered” approach must be avoided when...

There was no evidence to justify Judge Cassim Sardiwalla’s order, says court By Tania Broughton The Supreme Court of Appeal has set aside an order by the Pretoria High Court on the use of ivermectin for Covid patients. The High Court had made an order compelling the South African Health Products Regulatory Authority (SAHPRA) to report back to the court every...

The short answer Unfortunately, if the deceased has living siblings, you will not inherit. The whole question Dear Athalie My girlfriend, our child and I have been evicted from my late aunt's house by her younger sister who claims that the house belongs to her and her remaining siblings. But my aunt told us that when she passed everything she owned must go...

The court has put a stop to the seismic survey along the Wild Coast By Tania Broughton The High Court has ruled that the exploration rights granted to Impact Africa and Shell along the Wild Coast were unlawful. The judges said there was “no meaningful consultation” with interested and affected parties prior to the award of the right. The Minister of...

The Zimbabwean Immigration Federation seeks to defend the rights of Zimbabweans living in South Africa By Tania Broughton The Zimbabwean Immigration Federation is to challenge the decision by the South African government to scrap permits for Zimbabweans. The federation says the permit system was a solution that substantially reduced pressure on asylum management and curbed the ineffective deportation of Zimbabweans. It...