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).

Freedom Day

It is impossible to reflect back on 27 April 1994 without reminiscing about the legend that is former President Nelson Mandela.

Read Mandela`s statement after voting in South Africa`s First Democratic Election here: http://www.anc.org.za/show.php?id=3657

A few of our all-time favourite quotes:

“Many people have been sceptical of our capacity to realise the ideal of a rainbow nation. It is true that South Africa was often brought to the brink of destruction because of differences. But let us re-affirm this one thing here today: it is not our diversity which divides us, it is not our ethnicity, or religion or culture that divides us. Since we have achieved our freedom, there can only be one division amongst us: between those who cherish democracy and those who do not!” Nelson Mandela, speech on receiving The Freedom of Durban, Durban, South Africa, 16 April 1999

“The very fact that racism degrades both the perpetrator and the victim commands that, if we are true to our commitment to protect human dignity, we fight on until victory is achieved.” Nelson Mandela, address to The United Nations General Assembly, New York, USA, 3 October 1994

“… we know that peace is the most powerful weapon that any community or nation can have for development. As we rebuild our country, we should remain vigilant against the enemies of development and democracy, even if they come from within our own ranks. Violence will not bring us closer to our objectives. All of us should ask ourselves the question: Have I done everything in my power to bring about lasting peace and prosperity in my city and my country?” Nelson Mandela, speech on receiving The Freedom of Durban, Durban, South Africa, 16 April 1999

We wish you a cheerful Freedom Day 2016.

Yours faithfully,

Legal Hero.

Frequently used legal cost insurance lingo

A legal cost insurance product would typically cost you between R40 and R270 per month and would normally empower you with R40 000 – R200 000 legal cover per year – subject to the terms and conditions of your policy wording.

Speaking of the terms and conditions of your policy wording, do you really understand all the lingo and insurance mumbo jumbo used? We have compiled a short list of frequently used industry terms for your convenience.


Commencement date: This is usually the date on which your first monthly premium is paid and your policy is activated. This date may, however, change to a later date if you skip a payment. More importantly, this date is used to determine whether you are covered for a specific legal incident. Similar to vehicle insurance where you cannot crash today, take out vehicle insurance tomorrow and then demand cover/ your car to be fixed at the vehicle insurance’s expense, legal cost insurance typically only covers legal problems that occur after the commencement date, when you are already a paying policyholder.

Cause of action date: This is the date on which your legal problem originated. For litigation cover, this date must fall after your commencement date. If you are claiming for your divorce to be covered, the legal cost insurance industry would most probably ask when was the last time you and your spouse slept together/ when was the first time your spouse moved out of the room or house. You may be requested to sign an indemnity form, promising that all facts presented to the legal cost insurance company are true and that, should it be proved otherwise at a later stage, your fraud will for example also result in you paying the entire legal bill yourself.

Just to use another example: if you are seeking legal cover to institute a claim against someone owing you money, the cause of action date will be the date this person first defaulted and failed to pay in terms of the agreement between you two. Thus the cause of action date is not the date you two first entered into a loan agreement, but the date he/ she defaulted and failed to pay in terms thereof. This default date must then fall after the commencement date of your policy.

Litigation rejection letter: If you request litigation cover and it is rejected, the legal cost insurance company must provide you with a written rejection letter stating the reasons why you will not be covered. You may send this letter, together with a copy of the terms and conditions of your policy guide, to the Ombud for Short-term Insurance should you not be in agreement with the reasons provided.

Statutory disclosure: This is a document sent out with your policy documentation and you MUST by law receive a copy of the legal cost insurance company’s statutory disclosure. This disclosure must contain the details of the Ombud for Short-term Insurance, the details of the Insurer, company details and the details of the company’s compliance officer. Keep this document safe. A legal cost insurance company is typically underwritten by a bank or an insurance company to ensure further protection of the policyholder. Legal Hero is for example underwritten by Guardrisk Insurance Company Pty Ltd.

Should there be any other jargon worrying you, please feel free to reply in the comment section below.

Knowledge is power. We wish you a wonderful Friday and weekend.

Yours sincerely,

Legal Hero

www.legalhero.co.za

Here's to strong women

“You strike a woman, you strike a rock!” 

– Women’s March (9 August 1956) resistance song. The march was in protest of the pass laws restricting black men from entering the cities. Women from all races joined forces and marched to the Pretoria Union Building to hand over a petition. 

Fifty nine years later there remains an uncomfortable amount of reasons for South African women to join forces and march once more. 

Every six hours a woman gets killed by her intimate partner. Women are raped, abused and humiliated on a daily basis. Many households are headed by women - women who continue to earn significantly less than their male counterparts. So yes, the struggle to emancipate women is real and far from over.

It is true that we have come a long way. In ancient times a woman was regarded as the property of her father or husband and was unable to enter into a contract without a man’s consent. Isn’t it heartbreaking to note that in some households, not much has changed? More than 50% of women surveyed by the World Health Organization in 2013 have been abused verbally or emotionally. Most women unfortunately suffer in silence, fearing retaliation or self-blame. 

If you or someone you know is a victim of stalking, physical, economical, verbal and/ or emotional abuse, we urge you to please follow or pass on these simple steps to obtain a protection order: click here. 

The government is trying to relieve woman and child abuse by implementing Family Violence, Child Protection and Sexual Offenses units countrywide. On the 22nd of July 2015 the Minister of Justice and Correctional Services also officially opened the Schweizer Reneke Sexual Offences Court in the North West Province– a court with specially trained officials and equipment that will assist to reduce any chance of secondary trauma for victims of sexual violence. These are all strides in the right direction, however, there is a potential force much stronger than Parliament: all women joining forces. 

It is easy to sit back and blame decades of gender discrimination, especially as the damage caused is unacceptable and has bred mindsets that are not compatible with equal opportunities and respect. As a woman I believe it is time for us all to take a hard look in the mirror. Are you living a fulfilled life? Is this who you dreamed of becoming as a little girl? Are you spending more time belittling women than actively building each other up? Is that petty fight with that other struggling woman really worth it? 

Women form more than half of this beautiful country’s population. Imagine what we can accomplish together.

In celebration of Women’s Month, Legal Hero will upload a few Woman Law 101 notes to try ensure that no legal obstacle is stopping you from reaching your full potential. Please mail social@legalhero.co.za should you have any specific topics or questions you would like one of our legal wonder women to address.

“Here's to strong women. May we know them, may we be them, may we raise them.” - Unknown.

Double Rate on Public Holidays

Good morning and a very Merry Christmas from all at Legal Hero!

Today is also a public holiday, which should make you smile, even if you don't believe in Christmas.

Hats off to all working today, for whom this cartoon comes specially wrapped.

Wishing you and your loved ones a blessed day,

Legal Hero

www.legalhero.co.za

NOTES

Please have a look at the Basic Conditions of Employment Act for further reading (section 18 in particular).

Not all employees are covered by the Basic Conditions of Employment Act. Members of the National Defence Force, the National Intelligence Agency, the South African Secret Service, employees earning a gross salary of more than R172 000 per year, unpaid voluntary employees who do work for a charitable organisation, etc. are excluded.