https://ir.unisa.ac.za/handle/10500/2990 2026-05-05T16:14:34Z https://ir.unisa.ac.za/handle/10500/32294 Islamic marriages and divorce under South African law with reference to the Women's Legal Centre Trust v President of the Republic of South Africa 2022 (5) SA 323 (CC) Yasini, Laja The issue of Islamic marriages and divorce within the South African legal framework has gained increasing attention over the past decade, primarily due to the historical lack of legal recognition and regulation of Muslim marriages. This study investigates the legislative developments that followed the landmark case of Women’s Legal Centre Trust v President of the Republic of South Africa (hereinafter referred to as the WLCT judgment), in which the Constitutional Court declared the non-recognition of Muslim marriages under the Marriage and Divorce Acts to be unconstitutional. The study critically examines how the WLCT judgment and the subsequent amendment of the Divorce Act have reshaped South Africa’s legal landscape by formally recognising Muslim marriages and regulating their dissolution. It further analyses the provisions of the proposed Marriage Bill and explores how Islamic family law, particularly in the context of marriage and divorce, can be accommodated within South Africa’s secular legal framework without compromising Shariah principles or constitutional rights. Employing a qualitative, desktop-based methodology, the study draws on primary and secondary legal sources, including case law and comparative insights from Malaysia’s Islamic Family Law Act. The findings reveal that while legislative reforms represent significant progress, challenges remain in harmonising Islamic legal norms with constitutional imperatives such as gender equality and dignity. The study concludes by recommending context-sensitive reforms, including the incorporation of Shariah-compliant mechanisms and culturally informed legal processes, to ensure equitable treatment of Muslim families within South Africa’s plural legal system. 2025-11-01T00:00:00Z https://ir.unisa.ac.za/handle/10500/32028 Delictual and contractual liability of contractors and engineers in the South African construction industry Braun, Julinda The delictual and contractual liability of contractors and engineers for negligence in the construction industry in South Africa is critically investigated. In most instances of such harm-producing conduct of contractors and engineers, the application of common law principles results in equitable outcomes. Some instances are identified where the application of fault-based delictual principles fails to fully vindicate the interests of prejudiced parties. The legislative adoption of strict liability is considered as a potential solution. Section 61 of the Consumer Protection Act 68 of 2008 has introduced strict liability for a wide range of damage caused by goods, which appears to be defined sufficiently widely to include strict liability of contractors and engineers for harm-producing conduct in the construction industry. On the assumption that progressive application by the Courts of Section 61 will satisfactorily supplement common law principles, no further legislative reform in this field is recommended. 2024-03-04T00:00:00Z https://ir.unisa.ac.za/handle/10500/31559 A comparison of Dutch and South African legal mechanisms to address parental alienation Steenkamp, Francois Rudolph This mini-dissertation examines the phenomenon of parental alienation (hereinafter referred to as PA) within a family law context and conducts a comparative legal analysis of the existing legal mechanisms available in South Africa and the Netherlands to address it. Given their erstwhile colonial entanglements and historical legal ties in Roman-Dutch law, these two jurisdictions were chosen for comparison. The study’s problem statement highlights the number of divorces and other parental separations in both jurisdictions and the fact that PA features in some cases. The aims and objectives of the research seek to evaluate and critically analyse the legal tools used to address PA in both countries to identify gaps and make recommendations for legal reform in South Africa, drawing from best practices in the Netherlands. The researcher’s rationale for embarking on a study of this kind stems from the severe consequences of PA on some of the parties involved, but especially children. Academic literature and legal precedents from both jurisdictions are examined and commented upon. The document contains six chapters, commencing with an introductory overview and progressing through a comparative legal analysis, a discussion of the findings, and then concludes with legislative, policy and other reform proposals. Overall, the document endeavours to contribute a nuanced understanding of PA in the context of the family law systems of South Africa and the Netherlands, suggesting legal and other solutions to address this complex issue adequately. 2024-01-01T00:00:00Z https://ir.unisa.ac.za/handle/10500/31557 The clean break principle on sharing pension interest upon divorce in South Africa is not as clean as a whistle Moloi, Kesiame Kith This study explores the historical treatment of pension benefits preceding the introduction of the clean break principle. It delves into the developments leading to the codification of this clean break principle concerning pension interest in divorce proceedings and examines court interpretations. The research evaluates the effectiveness of the legislation in granting divorce orders to non-member spouses for enforcement against pension funds. While the legislative intent is to provide a clean slate for non-member spouses after divorce, the Divorce Act amendment did not initially allow immediate pension interest claims. Subsequent changes to the Pension Funds Act addressed the claim for immediate payment. However, inconsistencies in interpreting the legislation persisted until the Supreme Court of Appeal clarified the issue of entitlement of the non-member spouse. Despite these advancements, unresolved legal questions create hardships for non-member spouses which highlights the need for legislative reform based on the conclusions and recommendations of this study. 2024-02-01T00:00:00Z