Tag: Constitutional Law

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South Africa: Genetic-link requirement for surrogacy, surrogate cannot carry a baby without the genes of at least one parent

Maponya Attorneys
The first applicant was a 56 year old single woman who has been trying for 14 years to conceive a child of her own. Between 2001 and 2011, she underwent 18 unsuccessful rounds of In-vitro fertilization (IVF) and two miscarriages. She was advised to consider surrogacy as a next option....

Removal of Directors: Does it constitute dismissal under the Labour Relations Act?

Maponya Attorneys
The Companies Act No. 71 of 2008 (‘’the Act’’) regulates the removal of directors. A director of a company may be removed as a director in terms of section(s) 71 (removal of directors) and 137(5) (effect on shareholders and directors) of the Act. Under section 71 of the Act a...

Constitutional Damages and the Life Esidemeni Decision

Maponya Attorneys
A claim for constitutional damages exists when a government official violates constitutional rights. This includes the right to equality, health or life etc. The awarding of constitutional damages seldom occurs in the South African legal landscape, despite our advanced constitution. “ Click Here to read the full article by Lynne KoenMaponya

Overcrowding in Prisons

Maponya Attorneys
Only a matter of time before overcrowding in prisons flood the courts. Recently before the Constitutional Court was an application for leave to appeal against a decision of the Supreme Court of Appeal overturning a decision of the Western Cape High Court. The High Court declared the respondent liable for...