South Africa

Recognition of customary Marriages Amendment Bill, 2019

The South African government is amending the law concerning customary marriages to bring it in line with constitutional jurisprudence. On 24 July 2019, Cabinet approved the submission of the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament.  The Bill is currently under consideration by the National Assembly. Fasken candidate attorney Mr. Selby Mathebula writes about these changes.

On 24 July 2019, Cabinet approved the submission of the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament.  The Bill is currently under consideration by the National Assembly.

More Tribulations than Trials?

Two significant amendments to the Uniform Rules of Court that were published on 31 May 2019 have come into operation on 1 July 2019. The amendments to the procedure of applying for summary judgment in terms of Rule 32, and the introduction of Rule 37A regarding judicial case management respectively are likely to affect all attorneys frequenting the High Courts of South Africa.

 

Amended Rule 32 summary judgment

The summary judgment procedure is designed to assist a plaintiff to obtain speedy judgment in claims based on certain causes of action. The granting of this remedy is extraordinary and based upon the supposition that the plaintiff’s claim is sound and the defendant’s defence is bad in law. The procedure was seemingly introduced in South Africa on the basis of its use in England and Scotland.

Environmental law in action: Jifa training course

When prominent global warming scientists hail a legal decision as a ‘watershed’ for climate change action, you know that judgment must, at the very least, make for good reading. But the judges attending last week’s environmental law training offered by the Judicial Institute for Africa (Jifa), took one step further – they met, listened to and discussed environmental law issues with the very author of that decision, Australian judge Brian Preston, chief judge of the New South Wales land and environment court.

Read judgment 

For some of the judges attending last week’s environmental law training, it was a first opportunity to meet new colleagues from other jurisdictions in the Southern African Development Community countries; others enjoyed meeting up with friends already encountered in previous training offered by the Judicial Institute for Africa (Jifa).

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