CALL FOR SEPARATION OF POWERS IN CIVIL AVIATION INVESTIGATIONS

Civil Aviation in South Africa is a highly specialised area of law because it stands in both local and international waters. The Department of Transport (DOT) is the Governing Body of State is responsible for the regulation and coordination of transportation in South Africa which includes, amongst others, Civil Aviation. The web of connectedness between all relevant bodies is complex. For example, the DOT defines what are the acceptable levels of safety (ALOS)

Can the Hague Convention help me see my child

The ever-present problem of child abduction persists in many countries. “Abductions” has a wide meaning in terms of Child Law to include keeping a child away in another country from a parent who has rights to see his/her child. South Africa became a signatory to the Hague Convention on the Civil Aspects of International Child Abduction on 1 October 1997 (“the Convention”). Prior to the Convention, even if a parent had a court-ordered right to a child, it was exceptionally difficult to enforce that right outside of the Country which granted the order, being it of ‘access’ or ‘custody

Harassment Act

Since 5 December 2011, the Protection from Harassment Act, 2011 (“the Act”) has been tested throughout South African Magisterial Courts within the civil context. Apart from some fine-tuned housekeeping by these Courts, the orders emanating from this Act have some far-reaching consequences. Regardless, it has seen to the end of the archaic Peace Orders which, in practice, served very little (if any) purpose in the way of protecting victims of harassment, civil abuse, and intimidation