The Domestic Violence Act and Protection from Harassment Act respectively set out the procedures to be followed to obtain a Protection Order against someone. Protection Orders are critically important in providing safety and security for those most vulnerable people who are affected by domestic violence and/or harassment, but unfortunately
The Children’s Act sets out the responsibilities and rights in respect of children which are acquired by parents (care, contact, guardianship and maintenance), and which allows for the immediate statutory enforcement of these in the various courts. Grandparents of children, however, do not readily acquire these same parental responsibilities
In South Africa, the extent of sexual exploitation of children has increased drastically, and its nature has changed over time. On a regular basis, there are reports of cases of children rescued from human traffickers and from the clutches of sex slave rings. While some of the stories are
The increase in the heinous and brutal acts of domestic violence during South Africa’s lockdown period is difficult for many of us to conceptualise. What is most frightening however, is inadequate protection which a protection order is supposedly meant to provide to its victims. In terms of the Domestic
The Constitutional Court in 2005 found the exclusion of same-sex marriage in the Marriage Act to be unconstitutional and directed Parliament to rectify this issue within 12 months. Instead of amending the Marriage Act to include same-sex marriage, Parliament created the Civil Union Act. There was prevailing political pressure
The importance of an antenuptial contract, cannot be overstated. One may say that an antenuptial contract is one of the most important documents that a person will ever sign. An antenuptial contract is entered into prior to a couples’ marriage, the purpose of which is to regulate the terms
The reality is, each of us at some stage of our lives has been subjected to harassment in some form, whether directly or indirectly, and when it happens, it can be difficult to resolve. The Protection from Harassment Act is a law that provides victims of harassment with a
The Domestic Violence Act, 1998 was enacted to give survivors of violence maximum protection from domestic abuse. Women and children, who are mostly at the receiving end of domestic violence, have a legal recourse that will ensure their protection. As a community, we have a responsibility to stop the
Do you fear you are in danger from your spouse? Just how far will someone go to get rid of their spouse for good and make their own life easier? Situations of never-ending fights about assets or children, or an ongoing concern about money together with the tempting prospect
Domestic violence forms Domestic Violence comes in many forms, it does not always mean that the abuse is physical. For example, domestic violence may be in the form of verbal abuse, emotional abuse, physical abuse, financial abuse, or sexual abuse. As a parent you may have been in an
