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Archive for the ‘Law’ Category

Judge Kgomo’s Judgement and Announcing a New Edition of The Griekwastad Murders

The Griekwastad MurdersDie Griekwastad-MoordeJacques Steenkamp, the author of The Griekwastad Murders (also available in Afrikaans: Die Griekwastad-Moorde), has shared an update on the legal proceedings of the case. A new edition of the book, with an epilogue that covers the sentencing, will be released later this year.

Steenkamp’s blog post includes a link to the Judge Frans Kgomo’s judgement of Don Steenkamp, who turned 18 recently. Before this, being a minor, he could not be named in the media. He was convicted of raping and killing his younger sister and killing his parents, and is currently appealing his sentence.

I’ve uploaded Judge Frans Kgomo’s judgment with regards to the sentencing on this website. Please do read it. The new edition of my book will hit the shelves soon. This edition will include a new cover and an epilogue, which covers the sentencing.

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Bertus Preller, Author of Everyone’s Guide to Divorce and Separation, on How to Handle “Divorce Season”

Everyone's Guide to Divorce and SeparationJanuary and February is “divorce season” – when warring couples who have made it through the festive season decide to throw in the towel – family and divorce law specialist Bertus Preller looks into why.

In a post on Divorce Attorney, Preller, the author of Everyone’s Guide to Divorce and Separation, explains why so many divorces happen after Christmas, and warns of the impact that divorce can have on children.

Going through a divorce is a painful process for all concerned mainly when there are children involved. A question that remains very difficult for warring couples to answer is “do we stay together for the sake of our children and pretend that all is hunky-dory between us”; or “do we make the decision that we, as individuals, and our children will be better off without having to endure the daily incidents of watching us as parents behave like teenagers throwing cutlery across the table”?

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Bertus Preller Looks at the Role that Parents Need to Play in Preventing School Violence

Everyone's Guide to Divorce and Separation“Parents do play a vital role in helping to prevent violence at schools and children are in most instances a symbol of where they come from”, writes Bertus Preller for News24 Voices, “If we as parents fail our parental responsibilities we fail our kids and society at large.”

Preller’s recent column looks at the problem of violence in schools and discusses how children are influenced by their home lives. Preller is the author of Everyone’s Guide to Divorce and Separation and is a family law and divorce attorney who has written previously about the importance of ensuring children’s needs are put first in family situations.

Violence in schools generated considerable media attention in South Africa in recent years. In the past year alone, local media coverage have again fuelled public opinion that school violence in South Africa is escalating at an alarming rate and that something needs to be done about it. Most of us have seen the shocking video of a school boy assaulting a teacher and the most recent video of a school girl assaulting another girl.

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Bertus Preller Discusses a Court Case Which Marks a Victory for Unmarried Parents

Everyone's Guide to Divorce and SeparationBertus Preller, divorce attorney and author of Everyone’s Guide to Divorce and Separation, has written about a recent ruling by the Eastern Cape High Court, which granted unmarried parents who are in a life partnership equal rights to married parents.

Preller discussed the case and pointed out: “It is therefore possible for an unmarried mother to obtain urgent interim relief for maintenance of a child pending an investigation by the Family Advocate’s Office into the care and contact issues of a child.”

A ruling by the Eastern Cape High Court granting unmarried parents who have been in “a life partnership” equal rights to married parents was an “important victory” in child maintenance cases.

The Applicant (mother) approached the Eastern Cape High Court in East London by way of urgency for an order, inter alia, that the Family Advocate institute an enquiry and furnish a report regarding the parental rights and responsibilities of the mother and father and that pending such a report the mother remained the primary carer of the child. Pending the report by the Family Advocate the father was entitled to reasonable contact with the child at all reasonable times every alternate weekend from a Saturday morning at 09h00 until 17h00 and from 09h00 until 17h00 on the Sunday, reasonable telephonic contact, special occasions such as Mother’s Day, Father’s Day etc.

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Bertus Preller Shares the Top Three Reasons for Divorce in South Africa

Everyone's Guide to Divorce and Separation“Infidelity or adultery, more commonly known as cheating, is near the top of the list of reasons for divorcing in South Africa. Infidelity undermines the root of the relationship – trust,” Bertus Preller told Nivashni Nair from The Times.

Preller, divorce attorney and author of Everyone’s Guide to Divorce and Separation, was explaining what the top causes of divorce are in South Africa. Other common causes are a lack of communication and abuse.

Cheating may no longer be one of the main reasons for divorce in the UK, but in South Africa infidelity is still among the top three causes of marital break-ups.

A UK-based company, Co-operative Legal Services, has found that couples today are half as likely to list cheating as the reason for divorce as they were 40 years ago.

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Clive Gibson and Patrick Flood Present Everyone’s Guide to Labour Law

Everyone's Guide to Labour LawEveryone’s Guide to Labour Law by Clive Gibson and Patrick Flood is the one guide no employer or employee can do without!

South African labour legislation prescribes to employers and employees what they are able to do, when they are allowed to do it, and how. It is, in reality, a potential minefield. But help is now at hand with Everyone’s Guide to Labour Law, which aims to assist employers and employees in respect of their rights, duties and obligations in most labour related matters. It deals simply with the relevant legislation and the most common pitfalls, as well as the processes and procedures that must be followed.

This comprehensive, current and informative book makes complex Acts accessible and easy to understand, while practical examples provide clarity and better understanding.

About the authors

Clive Gibson is the co-author of a number of different books on various subjects, including the National Road Traffic Act, The VAT Act and the Consumer Protection Act. He is an Economic Science graduate and, in his professional capacity, is a Training and Management Consultant.

Patrick Flood is the co-author of a number of different books on various business subjects. He is a Business Science graduate and, in his professional capacity, is a Training and Management Consultant, as well as a part-time commissioner at the CCMA.

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Bertus Preller Lists the Ingredients that Go Into Having the Worst Possible Divorce

Everyone's Guide to Divorce and SeparationBertus Preller, family law and divorce attorney and author of Everyone’s Guide to Divorce and Separation, has shared the recipe for having the worst divorce possible on his News24 Voices blog. Starting with hiring a bulldog lawyer and including being as adversarial and confrontational as possible, Preller shares the things you’ll want to avoid in order to have a smooth divorce.

If you and your spouse have decided to divorce and you want to look back on your divorce process with as much anger and bitterness as possible, then this recipe for a horrible divorce is definitely for you.

Ingredient 1 – Hire a bulldog lawyer who will:

tell you he or she will get everything that you want;

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Bertus Preller Discusses the Legalities of Simon Cowell Being Accused of Adultery

Everyone's Guide to Divorce and SeparationFamily law and divorce attorney Bertus Preller, author of Everyone’s Guide to Divorce and Separation, has written about The X Factor judge Simon Cowell being accused of adultery in the divorce of his friend Andrew and Lauren Silverman. Preller explains the legalities of the case, saying that Cowell may not have a monetary claim laid against him as New York is a no-fault state, but that in South Africa damages can be claimed from a third party in cases such as these.

Preller goes on to explain the legalities of these third party claims. “Compensation can be claimed for financial loss caused by the break-up of the marriage, as well as for the loss of affection”, he writes, saying that if the third party is not aware of the marriage then they cannot be held accountable.

Press reports states that Simon Cowell is accused of adultery in his friend Andrew Silverman’s divorce from Lauren Silverman, with whom The X Factor judge is expecting a baby.

In divorce papers filed in New York, a no-fault state when it comes to divorce Andrew Silverman, husband of Lauren Silverman chose to go the fault route instead. A no-fault state means that a couple do not need a reason to end their marriage. Silverman is said to feel betrayed and alleged adultery, and along with his future ex-wife listed Cowell as a co-defendant. Lauren Silverman’s affair with Cowell reportedly came as a shock to her husband, who has filed for divorce citing ‘adultery’ as the main reason for the divorce and accusing his wife of subjecting him to ‘cruel and inhuman treatment.

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Excerpt from Everyone’s Guide to Divorce and Separation by Bertus Preller: Relocating with Children

Everyone's Guide to Divorce and SeparationIn this excerpt from Everyone’s Guide to Divorce and Separation by Bertus Preller, he explains the legalities of relocating to another country or province with children after a divorce or separation:

Relocation disputes between parents are frequently in our courts. Where both parents have guardianship, it necessarily follows that consent will be needed when one decides to relocate with a minor child. It is important to note that there is no section in the Children’s Act that deals specifically with relocation. The closest the Act gets to relocation is a section that deals with the jurisdiction of the court in matters where a child is removed from South Africa.

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Darrel Bristow-Bovey: “Life is a Struggle, But Some Struggles Are Good”

Darrel Bristow-Bovey’s latest column for Random House Struik, ‘Against the dying of the light’:

Like most South Africans in recent weeks, I have been thinking about what it means to grow old, to grow weak and to run out of time. If I take too much after my father, I am two-thirds of the way there. If I take after my grandmother, ninety-eight last weekend, I’m still short of halfway. Either way, it is frightening to be this far along, but calm mathematics shows there is still time left. The real fear is that the second half is qualitatively worse than the first, that now entropy begins, energy winding down until coldness.
I dislike the positive images of old age with which the culture tries to encourage me: happy old folk with the long labour behind them, stretching in tracksuits and taking appreciative walks well bundled beside the sea, twinkling with grateful pleasure over grandchildren and tea.

Everyone's Guide to Divorce and SeparationThe Keys to PersuasionAngels of MercyJust About Everything a Manager Needs to Know in South AfricaChurchill's South Africa

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