Law Reform and the Family: The New South African Rape-in-Marriage Legislation

Last year, a distant cousin, who also happens to be a white South African, sent me a fascinating article from her local newspaper. The article was about her husband’s family, the Moores, and specifically about a claim the family made recently with South Africa’s Commission on Restitution of Land Rights (see Segar 2003). The claim is remarkable, because it has been one of the few lodged by white South Africans to obtain compensation for land that was taken from them under the apartheid regime. It seems that in 1965, several trading stores that had been owned by the Moores since the 1880s were confiscated by the South African Bantu Trust because they stood on land that was to become part of the independent black homeland known as the Transkei. The confiscation and the family’s eviction from the area were deeply traumatic—they were uprooted from their home, separated from friends and loyal customers (including Xhosa), and forced to witness the end of a family tradition. But the Moores had no choice, and the government offered them only one-third of the real value of the property as compensation. Today the family is seeking restitution, but as with most of the injustices perpetrated under apartheid, there is little that can be done to restore a way of life that was destroyed long ago.

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The new South African insider Trading Act: Sound law reform or legislative overkill?

Journal of African Law ◽

10.1017/s0021855300012237 ◽

2000 ◽

Vol 44 (2) ◽

pp. 239-263 ◽

Cited By ~ 4

Author(s):

Patrick C. Osode

Keyword(s):

South Africa ◽

Market Efficiency ◽

Detailed Analysis ◽

South African ◽

Insider Trading ◽

New South ◽

Law Reform ◽

Comparative Approach

This article provides a detailed analysis of the Insider Trading Act, 1998, of South Africa. While it welcomes those provisions designed to proscribe insider trading by creating offences and introducing severe sanctions, it criticizes the Act for doing little to promote the goals of corporate compensation and market efficiency. The article adopts a comparative approach and draws widely on legislative attempts in other jurisdictions to control insider trading.

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Right to Parental Care

10.1093/oso/9780199470716.003.0003 ◽

2017 ◽

Author(s):

Asha Bajpai

Keyword(s):

Law Reform ◽

Best Interest ◽

Family Courts ◽

Custody Of Children ◽

The Family ◽

Shared Parenting ◽

The Right ◽

A Minor ◽

And Control ◽

Physical Care

Custody refers to the physical care and control of a minor whereas guardianship is a wider term and includes rights and duties with respect to the care and control of minor’s person and property, and includes the right to make decisions relating to the minor. The present legal regime relating to guardianship and custody of children is discussed, including the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, the personal and matrimonial laws, and relevant provisions in the Family Courts Act and Protection of Women against Domestic Violence Act, 2005. The emerging concepts of shared parenting, joint custody, and the interparental child removal or abduction of child is included. There is review and analysis of some major reported judicial decisions. A comparative survey of international laws and trends has been done. Suggestions for law reform in the best interest of the child have been given.

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