Law

Reflecting on the Legal Intricacies of Recognised Sperm Donation in South Africa

By President Sambo and Konanani Raligilia Last year, it was reported that the High Court and Labour Court’s top advocate and acting judge, Vuyani Ngalwana SC, is intending to appeal a ruling that ordered him to pay maintenance for twins he had with a woman he says he had a sperm donor agreement with. The […]

Reflecting on the Legal Intricacies of Recognised Sperm Donation in South Africa Read More »

Is International Law really Law? A Critical Analysis of International Law in light of Recent Violations by the United States of America

By Sipho Matshie Is international law, really law? This question often surfaces when violations of international law occur without accountability. Of late, the question dominated media platforms and was topical in the international community when the United States of America (USA) engaged in what was termed gross violation of international law. The merits of the

Is International Law really Law? A Critical Analysis of International Law in light of Recent Violations by the United States of America Read More »

Lobola in Contemporary South African Law: Between Trade, Tradition and Legal Certainty

By Kholofelo Maruma Lobola, also referred to as bohadi, magadi or bridewealth, is a customary practice deeply embedded in many African societies. In South Africa, it functions as both a cultural marker and, in many communities, the initial formal step towards marriage under customary law. While historically grounded in symbolism and familial connection, lobola has

Lobola in Contemporary South African Law: Between Trade, Tradition and Legal Certainty Read More »

Call for Papers: The 5th Afrikan Peer Growth Network International Conference 2025

Presented by: The Afrikan Peer Growth Network (APGroN) in partnership with Black Lawyers Association Student Chapter, Parow Branch (BLASC). Theme: Exploring technological advancements in Gender, Aviation, Marine and Energy Studies as Potential Key Economic Drivers for Africa’s Advancement. Dates: 26 – 28 November 2025, UNISA Parow Campus, Cape Town, South Africa. Overview The 5th iteration

Call for Papers: The 5th Afrikan Peer Growth Network International Conference 2025 Read More »

Africa Takes Flight at Aviation Indaba 2025: Driving a Vibrant AND Sustainable Aviation Sector

By Kholofelo Maruma The annual gathering of industry stakeholders, the 2nd Aviation Indaba held at the Maslow Hotel in Sandton on 19 August 2025 was not your usual conference. It was a space where people from different walks of life came together – from royalty, to government officials, to aviation lawyers, to professors and academics,

Africa Takes Flight at Aviation Indaba 2025: Driving a Vibrant AND Sustainable Aviation Sector Read More »

High Court cautions: an improper service is a rescindable error

By Sipho Matshie Introduction Upon institution of legal proceedings, it is important that all interested parties be informed about the case. A plaintiff to an action or an applicant to an application must ensure that a defendant(s) or respondent(s) is aware of the legal action. This takes place through the so-called service of process, which

High Court cautions: an improper service is a rescindable error Read More »

Traditional Leadership, Customary Authority, and the Constitution: A Delicate Balance in South Africa’s Democracy

 By Kholofelo Maruma and Milda Phaahlane Before the adoption of the Constitution of the Republic of South Africa, 1996, traditional leadership operated with little to no democratic oversight. Traditional authority was inherited along family lines, typically from father to son or uncle to nephew, and leaders exercised control over land, local justice, and communal life

Traditional Leadership, Customary Authority, and the Constitution: A Delicate Balance in South Africa’s Democracy Read More »

Legal Reflections on The State v Timothy Omotoso, Lusanda Sulani, and Zukiswa Sitho (CC 15/2018)

By Kholofelo Maruma Introduction Like all things in our earthly life, to wit, the best of all times and the worst of all times, litigation must at some point, come to an end. South African courts adjudicate both civil and criminal claims, thus ensuring the smooth operation of the administration of justice for all South

Legal Reflections on The State v Timothy Omotoso, Lusanda Sulani, and Zukiswa Sitho (CC 15/2018) Read More »

The Oudekraal Principle in Aviation Law: lessons from the recent Civil Aviation Appeal Committee decision

Sipho Matshie Introduction The Supreme Court of Appeal (SCA) judgment in Oudekraal Estates (Pty) Ltd v City of Cape Town and Others 2004 (6) SA 222 (the Oudekraal case) has had profound influence in South African administrative law. The SCA developed the so-called “Oudekraal Principle” which became a legal principle underpinning judicial review within the

The Oudekraal Principle in Aviation Law: lessons from the recent Civil Aviation Appeal Committee decision Read More »

The Introduction of Compulsory Mediation in the Gauteng Division: A long overdue intervention

By Sipho Matshie Introduction The fundamental principle that “justice delayed is justice denied” is at the core of the recent directive introducing compulsory mediation in the Gauteng Division. The backlog in civil trials, with matters set down as far as 2031, indicates a dire need for reform. Section 34 of the Constitution of the Republic

The Introduction of Compulsory Mediation in the Gauteng Division: A long overdue intervention Read More »