Activists want government to do more to register domestic workers

Three years after the landmark Concourt ruling, very little has changed with their access to compensation By Kimberly Mutandiro It’s been three years since the Constitutional Court’s landmark ruling for domestic workers to be covered by the provisions of the Compensation for Occupational Injuries and Diseases Act (COIDA). But activists say very little has changed for most workers. According to...

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What happens to my visa if I, a non-citizen, divorce from my permanent resident spouse?

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...

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Late judgments: what is delaying justice?

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...

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Court dismisses MEC’s attempt to quash inquiry into her “killing my health system” remark

“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...

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Public display of old SA flag is hate speech, rules SCA

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...

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Domestic workers urge Ramaphosa to sign compensation bill into law

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...

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Stopping people from letting their cattle graze amounts to eviction, says judge

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...

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Supreme Court of Appeal reverses controversial ivermectin ruling

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...

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Can I claim from an intestate estate if I am not the next of kin but the owner said everything should go to me?

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...

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Seismic judgment: Court overturns exploration rights granted to Shell

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...

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