Pule Attorneys

21/11/2023

08/12/2020

Your opinion ?

The constitutional court judgement on decriminalization of possession, use and cultivation of cannabis for personal use in private is clearly in conflict with the principles of legality. It fails to prescribe the amount of cannabis which may be possessed, consumed and or cultivated in private for personal use. It is silent on whether cannabis which is intended to be used for personal in private may be conveyed from one point to another. Its does not provide for a clear definition of what may constitute a private use and same leaves the law enforcement officers with no option but to use their own discretion. In short, it fails to draw a line between what may constitute an unlawful use , possession and cultivation of cannabis and what may amount to lawful use, possession and cultivation of cannabis for personal use in private... Principles of legality are very clear, an accused person may not be found guilty of a crime unless the type of conduct with which he or she has been charged has been recognised by law as crime in clear terms before the conduct took place without the court having to stretch the meaning of the words in the definition... Your views will be highly appreciated

19/11/2020

Today's judgment from the Constitutional Court of South Africa concerns social security for domestic workers. The court was asked to determine the constitutionality of section 1(xix)(v) of COIDA, which expressly excludes domestic workers from the definition of an “employee”, thus excluding them from the social security benefits provided for under COIDA. The facts of the case were tragic.: Ms Mahlangu, a domestic worker in a private home in Pretoria, drowned in her employer’s pool in the course of executing her duties. It is alleged that Ms Mahlangu was partially blind and could not swim, which resulted in her drowning. The court stated: "Domestic workers are the unsung heroines in this country and globally. They are a powerful group of women[1] whose profession enables all economically active members of society to prosper and pursue their careers. Given the nature of their work, their relationships with their own children and family members are compromised, while we pursue our career goals with peace of mind, knowing that our children, our elderly family members and our households are well taken care of".

Read the full judgment: http://www.saflii.org/za/cases/ZACC/2020/24.html

18/11/2020

Let us help you with termination of joint-ownership of a property emanating from a past informal relationship! This is very rive amongst our people!

24/06/2020

Thandiswa Mbele’s husband, Simphiwe Makutoana, was a pedestrian at the Multipurpose Terminal at the harbour in February 2010 when the operator of a reach stacker, or container lifter, knocked him down and killed him.

25/03/2020

Police confirmed that the Ladysmith resident allegedly tested positive for Covid-19 but continued to work despite being told to self-quarantine.