M was born with cerebral palsy and passed away at the age of five. Both natural parents of M laid claim to the estate, as well as the grandmother who had full parental rights and who was his caregiver until he passed away. The father was not present at M's birth and never assumed any parental responsibilities and did not contribute to raising M or any costs in his upbringing. The mother suffered from depression and was unemployed and reliant on the grandmother.
Kollapen J considers the interpretation of "parent" in section 1(1)(d) of the Intestate Succession Act; who should be regarded as beneficiaries of the estate; and how the estate should be divided.
The mother and grandmother are declared to be parents for the purposes of section 1 of the Act and it is ordered that they inherit in equal shares from the full estate.

M was born with cerebral palsy and passed away at the age of five. Both natural parents of M laid claim to the estate, as well as the grandmother who had full parental rights and who was his caregiver until he passed away. The father was not present at M's birth and never assumed any parental responsibilities and did not contribute to raising M or any costs in his upbringing. The mother suffered from depression and was unemployed and reliant on the grandmother.
Kollapen J considers the interpretation of "parent" in section 1(1)(d) of the Intestate Succession Act; who should be regarded as beneficiaries of the estate; and how the estate should be divided.
The mother and grandmother are declared to be parents for the purposes of section 1 of the Act and it is ordered that they inherit in equal shares from the full estate.

A candidate attorney with Legal Aid informed the magistrate that she was to request a postponement for a certain accused; had strict instructions from her manager not to deal with the matter; and that she was not familiar with the case and it would be unethical to proceed.
The magistrate wished the candidate attorney to proceed and a debate ensued, with the candidate attorney declining to proceed and announcing that she was withdrawing as attorney of record. The magistrate found that the candidate attorney was disrespectful to the court and ordered her detention in the court cells.

Applicant claimed that his dismissal for dishonesty was unfair. In applying for the job, he claimed that he had completed a diploma, when he had failed a module.

He conceded that it was implied in his CV that he had completed the qualification.

The CCMA finds his dismissal procedurally unfair, but with no ensuing prejudice; and substantively fair.

No compensation is awarded.

Mabunda / Tiger Brands (Pty) Ltd [2020] 10 BALR 1083 (CCMA)

A client wished to purchase a property and so paid an attorney more than R2 million, but instead the dishonest attorney brought disgrace and shame on the legal profession.

Kroon AJ considers the application to strike the attorney from the roll, in terms of the Legal Practice Act, though the conduct of the attorney had to be adjudged in accordance with the law before the repeal of the Attorneys Act.

See the directions from para [107] on these applications being brought in terms of the new Act.

The respondent’s name is struck from the roll of attorneys.

South African Legal Practice Council v Bobotyana [2020] JOL 48703 (ECG)

Home Affairs gave Bushiri notice that he had 30 days to make representations why his permanent residence permit should not be withdrawn. He and his wife are awaiting their criminal trial. His application sought that Home Affairs be interdicted from withdrawing his family's permits; and that the 30-day period for his representations be put in abeyance. His concern was that the representations to Home Affairs could be used against him at the criminal trial.

Neukircher J discusses the right to a fair trial, especially the right to remain silent pre-trial; well-grounded apprehension of harm; and alternative remedies.

An order is granted suspending the Home Affairs notice until Bushiri and his wife have pleaded to the charges. The 30-day period to make representations will run once their plea has been noted.

Bushiri v Minister of Home Affairs and others [2020] JOL 48762 (GP)