Case Note: Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC)

Summary Three minor children lived with their maternal grandparents, while their mother lived separately but supported them financially. The children’s father had died and the mother was the sole breadwinner of the family. The mother was killed as a result of a motor vehicle collision and the children’s grandparents applied to the Children’s Court to
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Case Note: South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)

Summary BACKGROUND On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband; who was a member of the Appellant. The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
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A Role for Both Parents in a Child’s Life

The Times. Friday January 8, 2016 Megan Harrington-Johnson, a partner at Schindlers Attorneys, looks at the question of the primary residence of children after divorce, noting a move away from the old assumptions of the mother as the primary caregiver. In this article, I do not want to delve too deeply into the concept of
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CASE NOTE: GRANT v CARMELITA AND OTHERS (13040/2013) [2015] ZAGPJHC 131 (19 JUNE 2015)

SUMMARY The first respondent (the mother of the minor children) and the second respondent (the father of the minor children) divorced in 2005. The first respondent was awarded primary residence over ET and IT (collectively referred to as “the minor children”).  A year later the first respondent married the applicant (the adoptive father of the
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