dignity

05Jun 2015

Euthanasia can be described as assisted suicide.     In Stransham-Ford v Minister of Justice And Correctional Services and Others (4 May 2015) the High Court gave a terminally ill patient permission to be assisted in his suicide by a doctor who is willing to  do so, ‘either by administration of a lethal agent or by […]

26May 2015

1. There is currently no law specifically regulating polygraph (lie detecting) tests in South Africa! 2. Some employers make use of polygraphs to test the honesty of employees after company property has gone missing or after alleged misconduct. A few employers even request pre-interview polygraph testing! 3. These tests involve electronic sensors placed over the […]

09Apr 2015

Sexual experimentation can become a legal problem…   Let’s say you catch your 13 year old daughter and her boyfriend (also 13) kissing in her room. Did you know that underage kissing, children 12 to 16 years, is a crime in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007? According to […]

26Mar 2015

Prince dreamed about becoming an Attorney. The Law Society, however, refused to register Prince as an Attorney due to his two previous convictions on the count of dagga possession. Prince took the Law Society to Court and based his arguments on the following: infringement of his right to freedom of religion as a Rastafarian, unfair […]

17Mar 2015

Strict uniform rules at school may be unconstitutional. The Federal Constitutional Court (Germany) declared a ban on teachers wearing Islamic headscarves unconstitutional on Friday, 13 March 2015. The decision reminds us of the South African Constitutional Court case of a few years ago: MEC for Education v Pillay 2008. Yes, South Africa has one of […]

13Mar 2015

  Socio-economic Rights include the right to adequate housing, food, health services and water. In other words, these rights are basic essentials necessary to survive. It differs from Civil and Political rights (the right to vote, freedom of speech, equality, etc.) necessary to lead a full life.   Our Human Rights (both Civil/ Political and […]

09Mar 2015

When it comes to our basic human rights, those that usually jump to mind include access to water, adequate housing, health care services, basic education, etc. Perhaps it is because these rights are easy to explain. What about the right to dignity? Section 10 of our Constitution reads that everyone has the right to have […]

03Mar 2015

Tell me more about equality! 1. Banning prostitution does not amount to indirect unfair discrimination against women. This is according to the court case of S v Jordaan. The judge ruled that the problem lies with women generating supply and not with men’s demand. It was ruled that the prohibition cannot be said to be […]

04Feb 2015

Can I claim money from my finance should he decide to break our engagement?   “I do believe that the time has arrived to recognise that engagements are outdated and do not recognise the mores of our time” (Van Jaarsveld v Bridges (344/09) [2010] ZASCA 76 para 3). Breach of promise (to marry) could lead […]