Law Focus

Law Focus - On The Spotlight: Presidential Pardon

Following the case of the #feesmustfall activist Khanya Cekeshe in which the Minister of Justice suggested presidential pardon, the show tackled the topical issue of presidential pardons. We were joined by Christine Botha, manager of the Centre for the Constitutional Rights at the FW de Klerk Foundation to give us…

23 Oct 2019 54 min

Law Focus - Private Security/Security Guards

There are times you walk into an establishment and you are searched, or you see private security trying to desist commotion; whatever you may have witnessed or experienced, there are private security guards who function as a type of law enforcement and safety mechanism. We find out in this show…

16 Oct 2019 50 min

Law Focus - Marriage Laws in South Africa

There are three marital property regimes in South Africa namely, in community of property and out of community of property with or without accrual. Couples who are about to get married tend to overlook the implications of the marriage regimes because of their focus on the wedding. However, it is…

9 Oct 2019 51 min

Law Focus - Corporal Punishment

The Constitutional Court has ruled that corporal punishment is illegal in South African homes. This comes after a 2017 high court judgment that outlawed the use of violence in homes. This has been met with some mixed reactions. With parents complaining that children will become unmanageable seeing as they are…

2 Oct 2019 51 min

Law Focus - Has GBV Reached Crisis Point in South Africa?

Barely days after August, the month dedicated to Women, the country has seen a spate of brutal and violent attack on women. Femicide and Gender Based Violence continue to rear its ugly head in our societies and calls are being made on social media to name, shame culprits, and bring…

6 Sep 2019 54 min

Law Focus - Gender Pay Disparity

It has been normalized that women are paid less than men in all industries and globally; even in South Africa where equality is apparently prioritized. We enjoy an extremely critical conversation with Genderlinks’ Kubi Rama about how this varying pay gap which has no convincing basis is actually a detriment…

5 Sep 2019 55 min

Law Focus - Gender Transformation

For many historical reasons, it is always important to note the success of young black women globally; which is why we talk to practising female attorney, Bridget Moatse who has overcome major hurdles in her life to be a founder of a law firm, and thereby creating opportunities for many…

21 Aug 2019 54 min

Law Focus - Sexual Violence In The Workplace And Institutions Of Learning

It is not uncommon to experience incidents of sexual violence at some point in life, if not daily; furthermore, it is not a violation that is unusual in the workplace and institutions of learning – despite legislations and policies in place to make workplaces and learning institutions safe spaces. We…

8 Aug 2019 55 min

Law Focus - Restorative Justice

Restorative Justice is an approach to justice that aims to involve the parties to a dispute and others affected by the harm (victims, offenders, families concerned and community members) in solving a crime and preventing its recurrence. It’s about Reconciliation. However, some argue that justice must be punitive, whereas some,…

8 Aug 2019 57 min

Law Focus - Minimum Sentences

Minimum sentences are a critical point of debate in the South African criminal law system; importantly so because the reality is that our prisons are overcrowded and unfortunately, despite all our legislations and institutions of law enforcement, we continue to have exorbitantly high crime rates in the country. We chat…

27 Jul 2019 52 min

Law Focus - Mob Justice

Mob Justice is quite a tragic reality in South Africa. We unpack with legal practitioner, Innocent Mthembu, about the legal aspects and other constitutional matters relating to mob justice – and what participating in it could possibly mean for you. We then have a further fascinating conversation with journalist working…

23 Jul 2019 54 min

Law Focus - Wrongful Convictions

Are you indeed innocent until proven guilty? Where could the law have possibly gotten it wrong when a judgement is given that you are convicted of a crime that you did not commit? Surely wrongful convictions should not exist if the principle of ‘beyond a reasonable doubt’ is held in…

23 Jul 2019 55 min

Law Focus - The Compensation for Occupational Injuries and Diseases

The Compensation for Occupational Injuries and Diseases is one of the facets of Labour law that we do not often delve into. Following the court decision for the amendment of the inclusion of domestic workers in particular in the COIDA Act, we discuss with Kelebogile Khonou from the Socio-Economic Research…

23 Jul 2019 53 min

Law Focus - How Much Violence Can Police Extert

Philisiwe Hadebe and Nirmala Gopal (2019). Police Brutality in South Africa. University of Kwa-Zulu Natal. Safer spaces Safer Spaces released an article in 2019 titled ‘Police Brutality in South Africa’; which contains startling statistics ranging from 2014 – 2018 about violent force used by police in the country. Although the…

19 Jun 2019 57 min

Law Focus - Unfair Dismissal

Being employed is never a guarantee of financial stability and security throughout your life; work ends for different reasons; at times, an employee is prepared for it, but at other times not. Unfair and constructive dismissals are the termination of employment when you certainly do not expect it. We pose…

13 Jun 2019 49 min

Law Focus - Bail

Bail is an important judiciary practice in democratic South Africa; it is premised on the basis that there is a presumption of innocence. To understand bail holistically, we consider its legal application and interpretation as well as other intriguing aspects including what happens with bail money, your options if your…

12 Jun 2019 53 min

Law Focus - Child Protection Week

The National Child Protection Week is an initiative which aims to raise awareness on the rights of children; the 2019 theme was “Let Us Protect All Children to Move South Africa Forward”. Safety for children in South Africa; at home, in schools, on the streets or at church - is…

12 Jun 2019 52 min

Law Focus - Religion

Following a prayer made at the first sitting of the sixth parliament by the Constitutional Court Chief Justice as well as his gift of a Bible to President Cyril Ramaphosa at the inauguration – acts both carried out during the course of his oath of office; and considering that South…

12 Jun 2019 55 min

Law Focus - Law of Evidence

The criminal justice system is quite complex, both theoretically and procedurally. We delve into the law of evidence as an aspect of the legal system; it is an immensely packed concept and practice, but we are guided in conversation by the expertise of Dr. Florencia Belvedere from the Public Affairs…

12 Jun 2019 54 min

Law Focus - The Electoral System

With the different electoral systems in the world, none of which is without faults; compounded by the changing narratives and debates about the appropriateness and functionality of Proportional Representation as a system for our national elections 25 years into our constitutional democracy; South African youth in particular need to engage…

12 Jun 2019 49 min