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The Legal Framework: The Child’s Best Interests as the Paramount Consideration
Introduction Section 28(2) of the Constitution of the Republic of South Africa, 1996 provides that “a child’s best interests are of paramount importance in every matter concerning the child.” This constitutional principle is given practical effect through the...
A New Era for Parental Leave in South Africa
Introduction In a landmark decision handed down on 3 October 2025, the Constitutional Court of South Africa ushered in a new chapter in the evolution of employment law and parental rights. In Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20, the...
The Matrimonial Property Act: Upcoming Changes and What They Mean for Couples in South Africa
Understanding the Existing Regimes Since its enactment on 1 November 1984, the Matrimonial Property Act No. 88 of 1984 has formed the cornerstone of South African matrimonial property law. It shifted the default from the earlier regime of community of...