I got scammed by the lawyer when I tried to buy a property. How can I get my money back?

The short answer You can lodge a complaint with the Legal Practice Council and lay criminal charges with the police. The whole question Dear Athalie I tried to buy a plot in Cape Town for R200,000. The lawyer who was managing the sale process told me to deposit R100,000 to the seller and the other R100,000 to the lawyer's trust account. I didn't...

Continue reading →

What can I do as my ex-wife, with whom I was married in community of property, refuses to sign off on her share of the house?

The short answer The divorce order, which is binding on both parties, does not in itself vest ownership in the other spouse, although it does create the right to enforce transfer. The whole question Dear Athalie My ex-wife, with whom I was married in community of property, refuses to sign off on her share of the house for which there was a joint bond,...

Continue reading →

Long delays at Home Affairs mean refugees are missing out on social grants

Legal Resources Centre says these delays are “incredibly worrying” By Bernard Chiguvare Refugees living in Limpopo say they have not been able to renew their status for a number of years at the Department of Home Affairs. As a result they cannot get social grants for their children. The Legal Resources Centre says people not being able to renew permits at...

Continue reading →

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...

Continue reading →

How can I transfer an RDP house which is in my father’s name to my mother’s name if he left the house to me and my siblings in his will?

The short answer If your parents were married in community of property, which is likely, then the RDP house belongs to them both, jointly. The whole question Dear Athalie My late father drew up a will that leaves his RDP house to me and two of my siblings in the event of his death, but we want to transfer the deed from his name to...

Continue reading →

Covid grant should be increased to at least R413, say civil society groups

A new means test and bank verification process has resulted in far fewer people getting the grant By Liezl Human The R350 Covid-19 Social Relief of Distress grant should be increased to R413 in line with inflation, say the Institute for Economic Justice and the the Socio-Economic Rights Institute of South Africa. The organisations noted with concern that the only aspect...

Continue reading →

Can I reopen my worker’s compensation case if I was retrenched after being injured on duty?

The short answer If your injury happened less than two years ago, your injury on duty case should still be open. The whole question Dear Athalie I was injured on duty, but now I have been retrenched because I cannot do my work properly. The doctor says I may have to use crutches or a wheelchair. Can I reopen my worker's compensation case? The long answer An injury...

Continue reading →

Can my partner’s surname be changed to my surname when we get married as a same-sex couple?

The short answer Yes, both partners in a civil union can choose what surnames they will be known by. The long answer The Civil Union Register allows both spouses to choose the surnames by which they will be referred after their marriage, and Part E of the Civil Union Register allows them to indicate the surnames they wish to be recorded in...

Continue reading →

Equal Education made “constitutional alchemy” says lawyer who represented them

Jason Brickhill, director of litigation at SERI, remembers how Equal Education and the Legal Resources Centre built the school infrastructure norms and standards case By Matthew Hirsch Jason Brickhill, director of litigation at SERI and keynote speaker at the first Yoliswa Dwane Public Lecture, remembered how the case for school infrastructure norms and standards was built. “It is a profoundly important...

Continue reading →

Literacy crisis deepening in South Africa, says new report

Children are far behind in learning to read and it is getting worse By James Stent Basic literacy among children in South Africa has declined, a new report from the 2030 Reading Panel has found. Most children leave grade one without knowing the alphabet, while 82% of grade 4 children cannot read for meaning. Only the Western Cape and Gauteng are...

Continue reading →