Youth Day Quiz

1. Youth Day commemorates the Soweto Youth Uprising on 16 June 1976. On this day hundreds of people were killed when schoolchildren protested against the Bantu Education Act, poor facilities, overcrowded classrooms, etc. This iconic photo captured by Sam Nzima during the Soweto uprising, illustrates Mbuyisa Makhubo carrying the dying ___________.

a) Chris Hani

b) Hector Pieterson

c) Hastings Ndlovu

2. The child support grant paid out by the South African Social Security Agency (SASSA) to qualifying parents/ primary caregivers who earn less than R42000 per year (single person, R84000 if married) amounts to ______ per month.

a) R340

b) R1300

c) R350


3. True or False. As a parent you may agree to corporal punishment (whipping/ smacking) of your child by a teacher in light of your religious beliefs, provided you grant this permission in writing.

a) True. Christian Education South Africa v Minister of Education 2000 = total ban on corporal punishment at school = unconstitutionally limits the religious rights of parents who see corporal punishment as a biblical responsibility.

b) False. Christian Education South Africa v Minister of Education 2000 = total ban on corporal punishment at school = justifiable limitation in an open and democratic society. Also important is the child’s right to dignity and to be free from all forms of violence.


4. In which state/ country is the use of force by parents to correct child behaviour/ discipline children strictly forbidden, unless it is for example to keep children from touching a hot stove or carry a protesting child out of a supermarket?

a) New-Zealand

b) Texas

c) South Africa


5. Lucy is a single mother residing in Cape Town. Lucy needs to apply for a maintenance order against the biological father, Mike. He stays in Johannesburg. Does Lucy approach the Court in Cape Town or travel to Johannesburg? Which Maintenance Court has jurisdiction to consider Lucy’s application?

a) You need to apply for maintenance in the region where the person you are claiming maintenance from resides.

b) You can apply for maintenance at any Maintenance Court in South Africa.

c) You need to apply for maintenance in the region where the dependent child you are claiming maintenance for resides.


6. The most important consideration used when a court needs to make a decision in a maintenance/ contact dispute or any other matter concerning a child.

a) The best interests of the child standard, which is of paramount importance.

b) The four parental rights and responsibilities: to care for the child, to maintain contact with the child, to act as guardian of the child and to contribute to the maintenance of the child.

c) The decision must strengthen family and community structures.


How did you score? 

Answers: 

1(b). 

2(c). 

3(b). 

4(a). 

5(c). 

6(a).

Assistance with your home loan application

Exciting new benefit announcement!

All Legal Hero policyholders now enjoy assistance with their home loan/ bond application process. Contact 0861 22 99 22 (option 4) or e-mail bond@legalhero.co.za. We want to see you and your family thrive.

When it comes to property (movable and immovable), your Legal Hero benefits include purchase and sale agreements, advice on agreements before you sign, consumer protection, lease agreements, bond application assistance and discount on transfer and registration fees.

Keeping you informed: Have you heard of FLISP?

What is it? The Finance Linked Individual Subsidy Program (FLISP) was developed by the Department of Human Settlements and is a form of subsidy.

What does it do? FLISP helps successful applicants to purchase his/ her first property in a formal town by way of a once-off subsidy in the region of R10 000 - R87 000.

Do I qualify? If you are a first time home buyer, a South African citizen over 18 years, have never benefited from a Government Housing Subsidy Scheme (such as an RDP house, for example) and earn between R3 501 and R15 000 per month, you are eligible to apply. Your potential FLISP subsidy depends on your household's combined monthly income.

Contact details: NHFC 0860 011 011 or flisp@nhf.co.za. Visit www.nhfc.co.za for more information.

Child Maintenance - Seven Basic Points to Remember

Our social@legalhero.co.za mailbox has been flooded with child maintenance questions. We have compiled a short information piece to shed light on the many uncertainties surrounding this topic.

Please note that this piece is compiled from the viewpoint of our many female Women’s Month readers. It is, however, not uncommon for fathers to be the principal caretaker of the child/ children these days and to apply for child maintenance against the mother.

1. Both parents need to contribute financially based on what each parent earns and can afford. If the father earns more and has more resources available to him, he may be ordered to pay more than the mother. Even where the mother is in a good financial position and able to take care of the child on her own, this does not exempt the father. The court can order him to pay something based on what he can afford;

2. The court will consider the following before making an order: the best interests of the child is always paramount. They will also consider circumstances, the reasons provided by both parents during the maintenance hearing, both parents’ salary slips, last three months’ bank statements, slips proving previous contribution towards the child’s expenses, the needs of the child, if the child has become accustomed to a certain living standard before the parents’ split or not and furthermore ask each parent to complete an income and expenditure list;

3. Sometimes the father will dispute paternity and this will delay proceedings. The court or the father may send a referring letter requesting a paternity test. A DNA test costs in the region of R2 000 and it is usually the man (he who denies paternity) who pays. If the man refuses to undergo a paternity test (one does have the constitutional right to bodily integrity), the court must warn him of the impact his refusal might have on the court’s decision. There is a presumption in our law that he who had intercourse with the mother at a time at which the child could have been conceived, is considered to be the father of the child unless there is evidence proving otherwise;

4. If the father is unable to support his children, the mother can institute maintenance proceedings against his parents (the grandparents). The following must be shown in order to succeed: a) the grandparents are in a position to support the child and b) the child’s maintenance requirement;

5. In some instances, parents need to contribute financially even after the child turns 18. This is where the child remains dependent (full time student or unemployed). The maintenance application must be brought in the adult child’s personal capacity. In other words, it is he/ she who needs to complete the maintenance application forms – no longer the mother or father claiming maintenance from the other parent;

6. The father cannot discontinue maintenance payments due to the mother denying him visitation rights. Visitation (contact) and maintenance are two separate parental responsibilities and rights and the one does not necessarily influence the other;

7. How to apply…

a)      For a Maintenance Order where there is no court order in place: collect as much information as possible as referred to in point 2 above. Visit the Maintenance Division of the Magistrate’s Court and complete Form A [J101] - Application for Maintenance Order. You may ask the Clerk of the Court for assistance. Claiming maintenance is free and no legal representation is necessary. If you are a Legal Hero Policyholder, you may contact your hero for assistance with the application. Note that legal representation may be arranged in the instance where the other party is represented.

b)      When you want to change the current Maintenance Order you need to complete a Form I [J256] - Application for Variation/Setting Aside of an Order. Circumstances change. An example is when the child suddenly falls ill and it leads to greater expenses. In such an instance, the mother can apply for an increase in the maintenance amount paid by the father. Remember copies of doctors’ bills, etc. as proof.

c)       For the enforcement of an existing Maintenance Order you need to go back to the Maintenance Division together with the existing Maintenance Order and proof of non- payment. Complete Form K [J306] - Application for Enforcement of Maintenance or other Order. The court may then order a garnishee against the father’s salary or the execution (selling) of his assets.

Have a blessed weekend, 

Legal Hero 

www.legalhero.co.za 

Intestate Succession 101

Wishing you a fantastic Friday and weekend, 

Legal Hero 

www.legalhero.co.za 

Exemption from Payment of School Fees

Note: a school can take legal action against both the custodian (person with whom the child resides) as well as the non-custodian parent. The school can, however, only take legal action against the parent after the exemption criteria has been applied and denied. Remember that the parent may appeal to the Department of Education. 

Wishing you a great day, 

Legal Hero

www.legalhero.co.za 

PS: Click here for the link to the various provincial divisions of the Department of Education. 

Five Unexpected Hangouts of the Law at Your Family Home

Remember to set the table for one extra (sometimes uninvited) guest that hangs out at your family home. Yes, it is important to have a basic understanding of the law, as it is with us wherever we go. Let’s have a look at a few Family, Civil, Criminal and Labour Law examples at home to put things into perspective.

1.       The irritating neighbours. Your neighbour has the right to the use and enjoyment of his/ her property. This, however, does not mean he can start a band and cause widespread upset by his 2am practise sessions. Neighbour law is based on reasonableness and tries to find a balance between opposing property rights. Your neighbour may therefore only use and enjoy his property to the extent that it does not infringe YOUR right to use and enjoy YOUR property. Remember that one cannot be oversensitive and all factors are taken into account when you apply for an interdict against your neighbour. An interdict can force someone to do something, prohibit someone from doing something or force someone to continue doing something.

2.       That new faulty washing machine. The Consumer Protection Act awards goods an implied warranty of 6 months. According to section 56 of the Act, a Consumer may ask for a repair/ replacement or refund at no cost to the consumer should a defect occur within the first 6 months. Where to complain: contact your hero or contact complaints@thencc.org.za.

3.       School fees. Previously schools could only sue the custodian parent (parent with whom the child stays) for arrear school fees. Only after the Supreme Court of Appeal ruling in Fish Hoek Primary School v GW 2010, can the other biological parent be held liable for arrear school fees. How to claim an increase in child maintenance: contact your hero or visit the Maintenance Division of the Magistrate’s Court and ask for the relevant forms. 

4.       Aging parents. It is true that an aging parent can claim maintenance from his/ her independent children. The parents would have to prove their expenses, that they are unable to support themselves and that the child is in a position to support his/her parent. How to claim: contact your hero or visit the Maintenance Division of the Magistrate’s Court and ask for the relevant forms.

5.       Domestic workers. A Domestic Worker MUST be provided with an employment contract and a pay slip. The employer must safe keep pay slips for THREE years. Impermissible deductions from your Domestic Worker’s pay include damages caused by ironing, meals provided during working time and crockery/ electrical appliances breakages. Noncompliance: the Department of Labour can send an Investigating Officer to your home and you may receive a fine. The matter could proceed to the Labour Court.

If you have any questions on one of the above, please send an email to freeadvice@legalhero.co.za.

Yours faithfully,

Legal Hero 

www.legalhero.co.za

Know Your Socio-economic Rights!

Socio-economic Rights include the right to adequate housing, food, health services and water. In other words, these rights are basic essentials necessary to survive. 

It differs from Civil and Political rights (the right to vote, freedom of speech, equality, etc.) necessary to lead a full life.

Our Human Rights (both Civil/ Political and Socio-economic) are found in Chapter Two of our Constitution, the Bill of Rights. The wording of our Constitution qualifies certain Socio-economic Rights. 

Socio-economic rights can be qualified or unqualified 

· Qualified: 

- Only if the State (Government) has sufficient resources to fulfil the right;

- The State will make these rights available within its means/ depending on its budget/ ‘within available resources.'

· Unqualified: 

- The State has a duty to make these rights available; 

- This does not mean the State must make these rights available immediately or without delay (according to the Constitutional Court).

Human right violations: 

Speak to your hero/ attorney. Alternatively, you may contact the South African Human Rights Commission at complaints@sahrc.org.za.

Note: non-nationals can also claim Socio-economic Rights. If you have a look at the wording used in the Bill of Rights, you'll notice the word 'everyone' is used in the socio-economic sections. Also, in the Khosa case of 2004, the Constitutional Court once again highlighted that non-nationals are a vulnerable group in our society and should be protected.

Other rights, however, such as the right to vote and access to land, use the word 'citizens.'

Wishing you a wonderful Friday and weekend, 

Legal Hero

www.legalhero.co.za 

Seven Interesting Facts about Surrogacy

1.       Not for convenience

The artificial insemination of a surrogate mother is only lawful if the commissioning parent/ parents have a permanent and irreversible condition and are therefore unable to give birth to a child.

2.       The surrogate mother may not receive any form of payment

The surrogate mother may not receive any form of payment or reward apart from reasonable hospital/ medical expenses.

3.       The child and the commissioning parents must share genes

For a surrogate motherhood agreement to be valid, the genetic material of both commissioning parents, and if this is not possible, at least one of the commissioning parents MUST be used.

4.       The surrogate mother may, in some instances, change her mind within 60 days after the child’s birth.

If the surrogate mother shares genetic material with the child (in the instance where only one of the commissioning parents’ genes were used), the surrogate mother may change her mind without incurring any liability.

5.       A surrogate mother may get an abortion

The commissioning parents only receive full parental rights and responsibilities the moment the child is born. The surrogate mother must hand over the baby to the commissioning parents as soon as possible.

6.       The child may not claim maintenance from the surrogate mother

The surrogate mother has no parental rights or responsibilities in terms of the surrogate child. The child may also not claim maintenance from the surrogate mother’s husband or partner.

7.       Prior to 1 April 2010 there was no law regulating or prohibiting surrogacy

‘Mater semper certa est’ = Common Law rule stating that the mother who gives birth to the child is always the parent. This meant that the surrogate mother had to put the child up for adoption and the commissioning parents had to apply in order to adopt the child.  

Today chapter 19 of the Children’s Act regulates surrogacy and explicitly states that no potential surrogate mother may be artificially inseminated without a High Court confirming the written surrogate motherhood agreement between the parties.  

Paternity Testing and the Presumption

www.legalhero.co.za 

Minors traveling abroad as of the 1st of June 2015

This is a must-read for parents of minor children. Note that a minor is a child under the age of 18.

As of the 1^st of June 2015, children are required to present certain documentation when traveling abroad, failing which the minor/s will be denied boarding. 

Become a policyholder today! Call 0861 22 99 22 and select option 1 OR join online. www.legalhero.co.za.