Constitutional Rights Archives - Ashersons Attorneys

04 Jan 2018

TV Cameras in the Courtroom – Media Circus or Public Right?

The Henri van Breda saga is a perfect example of how media broadcasts and livestreaming from a high-profile trial can stoke public interest and engagement. But what about the rights of witnesses to privacy and security? And the accused person’s right to a fair trial? How should our courts balance these rights against those of the public and the media? An SCA judgment from the early days of the trial sets out clear guidelines… The Henri van Breda criminal trial is the latest high-profile case to have gripped the public’s imagination, and the media broadcasts and livestreaming from the Court…

23 Oct 2017

By Ryan M Lin

Say a cracking goodbye to the wooden spoon

The South African Constitution provides an extensive Bill of Rights protecting the rights of all South Africans. Notwithstanding the fact that the values underlying the Constitution envisage a parent-child relationship as one excluding all forms of violence, South African parents have until recently been allowed to inflict physical harm on their children for disciplinary purposes. After the recent South Gauteng High Court judgment, this is no longer the position. Consequently, children’s underlying democratic values of human dignity, equality and freedom are not allowed to be undermined. Defence of reasonable chastisement? The judgment arose from an appeal by a father who…

02 Dec 2016

By Jaryd Kay

Are you liable for a previous owner’s unpaid rates and taxes on a property?

You might not have initially been aware of this, but it might have arisen during conversation over dinner if somebody you know has recently purchased a house. The crux of the conversation was “beware when buying a new property, because you may become liable for rates going all the way back to the 1980s. This is notwithstanding that you were in a cot at the time.” Surely this could never be the case, especially since it is not your debt - it is the previous owner's debt?! However, fear not, the Gauteng Division of the High Court has clarified the…

09 Jun 2015

By Ashersons Attorneys

Renting in a complex? Read the rules!

“….. parties are free to contract as they please. The law permits perfect freedom of contract. Parties are left to make their own agreements, and whatever the agreements are, the law will enforce them provided they contain nothing illegal or immoral or against public policy” (extract from judgment below) Be warned – whether you buy into a residential complex or rent a house in one – the High Court (in the case of Van Rooyen v Hillandale Homeowners Association) has again upheld the right of Home Owners Associations (HOAs) to enforce their rules and regulations. (more…)