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Costs order a lesson about ‘frivolous’ Covid-19 claims – labour court

  • 15 April 202021 April 2020
  • by Carmel Rickard

The first case testing whether sufficient protection was available for medical staff working on the front line against the coronavirus in South Africa, has resulted in an ignominious conclusion for the union that brought the legal action.

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The National Education Health and Allied Workers Union (Nehawu) launched its challenge as a matter of urgency in the South African labour court, alleging that the government was not providing adequate protective gear to Nehawu members working in particular hospitals. In the end, however, it was unable to provide any evidence of a lack of personal protective equipment (PPE) at any of the medical facilities mentioned in its claim, and withdrew its case.

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New government regulations allow mourners to cross provincial borders for funerals – but only under strict conditions

  • 2 April 20202 April 2020
  • by Carmel Rickard

Strict Government COVID-19 regulations have been slightly relaxed to allow bereaved family members to cross provincial boundaries if this is necessary to attend a funeral.

The new regulations, contained in today’s official Government Gazette, are clearly a response to last week’s court decision in which a judge said it was ‘tragic’ not to be able to permit a man, whose grandfather had died in a fire, to travel across provincial borders to attend the funeral and support his family over their time of mourning. In terms of the regulations as they then existed, however, the courts were not empowered to make any exceptions, the judge said at the time.

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Welcome judicial sensitivity in domestic dispute ruling

  • 30 April 201913 May 2019
  • by Carmel Rickard

Three High Court judges, sitting in Johannesburg, South Africa, as an Appeal Bench, have found an agreement between a now-estranged couple is invalid because the woman signed due to the ‘undue influence’ of her then partner. The agreement would have given the man half the sale price of the woman’s property if their relationship ended, which it did, just days after she signed, when he became violent and she obtained a protection order against him. The man then demanded his share of the property and business as detailed in the agreement. Although the trial court found in his favour, saying she had not signed the agreement under duress, the appeal judges closely analysed the details of their relationship and found clear signs of his ‘undue influence’ over her. They therefore held that she did not sign the agreement voluntarily and thus effectively set it aside.

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Princess not considered for traditional throne because of her gender

  • 18 April 201930 April 2019
  • by Carmel Rickard

For all its constitutional commitment to the equality of women, South Africa still experiences difficulties when it comes to matters of traditional leadership. That’s because these are often resolved at the local level in a way that assumes women are ineligible for traditional leadership roles. Take for example the question of who should fill the vacant Vhavenda throne. The Supreme Court of Appeal was asked to decide whether the traditional council acted in a way that promotes gender discrimination and, in answering that question, the court has now given a potentially far-reaching judgment.

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