Law Focus: Recent Episodes
Wits Radio Academy
Law Focus is an award-winning legal show with the aim of educating listeners of their rights. The show provides an educational platform to dissect complex law aspects. It also promotes awareness on social justice and access to socio-economic rights in per-urban and rural communities.
The show is hosted by Tshepo Mohapi, an attorney by profession and Millicent Ndiweni, a Wits Law Student, and produced by Refilwe Mekoa and Obakeng Uhuru Ramare. Kutlwano ”Gwinch” Serame provides Technical Assistance.
Law Focus is proudly produced under The Wits Radio Academy, for VOW FM and also syndicated to 7 other community and campus radio stations across the country.
It is also podcast on www.wits.journalism.co.za/law, iTunes, Spotify and Google Podcasts.
Tonight’s show is on progressive legislation and processes around name and gender marker changes, for members of the LGBTQIA Plus community. The Department of Home Affairs have recently gazetted its Draft Identity Management Policy, partly in a bid to make South Africa’s identification system more inclusive. The document states that gender and sexual identity minorities are excluded, because the current laws and policies do not cater for changes in the gender/sex attribute of the gender identity system. We’ll be in conversation with Tish Lumos White and Sibusiso Kheswa who’re both very passionate in advocating for the rights of LGBTQIA Plus persons.
What happens if your employer forces you to vaccinate for COVID-19 and you’re not comfortable based on various issues such as, medical, religious or cultural? What are the rights of a worker and an employer, respectively, in terms of COVID-19 vaccination? There is still not an established law that requires all workers to be vaccinated and employers will need to tread carefully when considering mandatory vaccination policies. However, we should also consider where the employer is coming from…a safe working environment for anyone accessing their premises is definitely crucial. Join us as we dissect this topic with Cosatu’s Gauteng Chairperson, Amos Monyela as well Owethu Mbambo, a Senior Associate at Fasken law firm.
Do you know how to terminate a customary marriage? Perhaps you have a family member who’s married in terms of customary law and believes they’re divorced…now the question is are they indeed? One should consider that the ramifications of not terminating a customary marriage legally, can have adverse consequences. Various developments and amendments were made on customary marriage, on November 15, the year 2000 and not many us have the knowledge of those developments.
We'll be in conversation with 28-year-old Nkopane Mokwena, a young, vibrant admitted attorney of the High Court of South Africa, who is also a founder and director of Mokwena Nkopane Incorporated, a law firm based in Johannesburg. He acquired his LLB degree at University of the Free State in 2016 and commenced his career as a forensic investigator. Born and bred in QwaQwa, growing up, he always wanted to be a lawyer. We'll discover, among others, what keeps Nkopane on his toes, the passion behind his work, his view on various cases he has tackled as well as challenges he has faced.
What happens when you finally break the silence and reveal an old rape case? Tonight we’re tackling the trauma that comes with being physically and emotionally violated and how most people take time before they’re able talk about their trauma. We will also focus on the legal implications of reporting an old rape incident. This as the country wraps up its 16 Days of Activism for No Violence against Women and Children Campaign. Tumelo Ramalekana, a registered Psychologist and Elizabeth Nieuwoudt, a Legal Practitioner from Legal Aid will help us dissect this topic.
Tonight, we’re in conversation with Hlengiwe Skosana, a senior associate at Garlicke & Bousfield’s law firm’s employment law department. She holds an LLB and an LLM in Labour Law from the Nelson Mandela University, and a Postgraduate Certificate in Labour Dispute Resolution Practice from the University of Witwatersrand. Hlengiwe serves as a regional committee member for the South African Society for Labour Law (SASLAW), and as a governor on the interim board of governors for the Anton Lembede Maths, Science and Technology Academy: School of Innovation.
Do you know your rights as a tenant and what legal steps to take if or when you experience problems? Tonight we’re tackling lease agreements and what you need to know. This as there has been some uncertainty with some students, in terms rental issues especially as South Africa is still under level 1 lockdown regulations due to the novel coronavirus. We will be taking a closer look at some terms and conditions at certain residential complexes and what rights do tenants have once they have entered into agreements with their respective landlords/agencies. We speak to Basil Mugwena a Director at Wits Campus Housing and Residence Life and Boitumelo Ndlhovu a Civil Legal Practitioner from Legal Aid.
We discuss the decriminalization of sex work. Selling sex in South Africa has been illegal since at least the early 1900s and buying sex was criminalized in 2007. The country’s laws also prohibit other aspects of sex work, including running or owning a brothel, living off the earnings of “prostitution,” and enticing a woman into “prostitution.” The criminalization of sex work has not deterred people from selling sex to make a living, it has, however, made sex work less safe. We speak to Katlego Rasibetse from Sisonke National Sex Workers Movement and Motebang Mokoena from Legal Aid.
Tonight we’re discussing law, order and vigilantism. This is whereby a person or group of people take the law into their own hands, in an attempt to serve justice. In recent weeks we have witnessed various events, on our news platforms where certain organizations, individuals or political parties took the law into their own hands. We’ll speak to Gauteng police spokesperson Captain Kay Makhubela as well as Elizabeth Niewoudt from Legal Aid.
This week an opportunity has been granted to members of the public to draft a basic Will by an attorney free of charge. Legal Aid South Africa (Legal Aid SA) has partnered with the Law Society of South Africa and the Department of Justice and Constitutional Development and they will be drafting basic Wills throughout this week, as well as providing legal advice on Wills, at no cost. One of the greatest risks of not having a legitimate Will in place is when a family is faced with the sudden death of a family member, which is a very real possibility during the COVID-19 pandemic. Tonight we’ll be in conversation with Luna Lingani from Legal Aid SA.
Tonight’s topic we’re discussing whether you know what to do if it happens that you get into a road accident? With the lifting of lockdown restrictions last month, we have witnessed the carnage on our roads increasing. South Africa has an annual road death toll that is higher than the world average and it’s also higher than the African continent’s average. According to the Road Traffic Management Corporation’s most recent annual report, there are 12,921 deaths on South Africa’s roads in a single year. Over the holidays, in particular, serious road accidents are a daily occurrence. Audrey Malahlela, a Supervisory Legal Practitioner at Legal Aid and William Maphutha, Spokesperson for the Road Accident Fund will provide their insights on the topic.
Tonight’s show we once again tackle Gender Based Violence and how as a country, we should continue fighting this plague that is constantly hanging over us. We will be in discussion with Legal Aid South Africa. The law firm has now joined the rest of the country in fighting the scourge of GBV in the country. They recently embarked on a National Strategic Plan on Gender Based Violence which offers safety, justice and protection to all GBV victims. Legal Aid’s Stephen Mofokeng will dissect their campaign for us.
Tonight we’re profiling a young dynamic, passionate and resilient woman who’s a candidate attorney and also lives with a physical disability named Blount's Tibia Vira. Nonhlanhla Payne will be taking us through her journey in the legal fraternity and some of the challenges that she experienced. The 28-year-old was once part of SABC 1’s reality educational and leadership programme dubbed “One Day Leader” in 2017, a member of Anglo American Platinum’s Women In Mining Committee in 2018 to 2019 and a Tutor at the WITS University School of Law. We will hear how the feisty, opinionated Nonhlanhla is always ready to conquer whatever life throws at her.
As the country wraps up Heritage Month we thought what better way to end the month than to discuss various traditional practices that could be infringing some of our human rights. Tonight, we look at when one has to apply the law when it to comes to tradition, you may discover that it may clash between certain cultural practices and constitutional principles. Some of these customs are among others initiation, virginity testing and polygamy of which they’re still religiously practiced in some parts across the country. We will be joined by Chairperson of the National House of Traditional Leaders, Nkosi Sipho Mahlangu and Andrew Aphane from Legal Aid who will share their insights on the topic.
[Photo by Tingey Injury Law Firm] wits.journalism.co.za
What is a petition? What constitutes a valid petition? Tonight we’re speaking about petitions. According to Change.org…an organisation that does petitions…their Global Digital Civic Engagement Index ranked South Africa as the top country for digital activism in the first half of 2020. It was quoted saying South Africa saw a growth of 600 percent more users in 2020 and over 1000 percent growth in signatures on petitions. The topics for the petitions included issues such as COVID-19, police brutality and Gender-Based Violence. Tonight we’re joined by Clement Mabunda a candidate attorney from KW Attorneys and he will be sharing his insights on petitions
[IMAGE: IIIerlok_xolms] wits.journalism.co.za
Tonight we will be wrapping-up our two-series topic on Gender Based Violence. Last week we spoke to Francesca Fondse, a Gender Based Violence survivor and founder of the Women Integral Impact Network (WIIN), an organization that deals with GBV cases and femicide across the country. We will now be focusing on whether the justice system and the South African law in place is effective enough to punish the abusers and prevent GBV against women. Violence against women in our country remains rampant, many cases of rape and sexual violence are being reported on a daily basis but only a small fraction of those cases are being successfully prosecuted and convicted. We speak to Percy Bapela, from Legal Aid, who will provide his legal expertise on the matter.
What you can look forward to on Law Focus tonight, is a very sobering conversation on the plight of victims and survivors of Gender-Based Violence (GBV) in the country. Cases of GBV and rape keep escalating across the country and we have seen these topics also dominating news headlines and sparking debate on our social media spaces. We’ll be speaking to Francesca Fondse, a GBV survivor and Founder of the Women Integral Impact Network (WIIN), an organisation that addresses GBV and femicide. This is the first part of a two-series show, on the scourge of GBV in South Africa. Part two will continue next week, where we will be tackling the legal aspect on this matter.
Tonight, we're in conversation with Nokulunga Mgodlwa, a candidate attorney, young mother, strong-willed woman and a wife. Originally from Daveyton, in the East of Johannesburg, Nokulunga initially studied Human Resources Management before venturing into the legal fraternity. We'll be exploring the world of being a candidate attorney through Nokulunga's eyes.
Tonight's show is about the Fair-Trade Independent Tobacco Association's (Fita) persistence, in continuing with their legal battle against government, despite the tobacco ban being lifted by President Cyril Ramaphosa, after the country moved to lockdown level 2 last week. Government at the time, argued that the ban was to protect the health of South Africans during the pandemic and cigarette producers failed to convince the country’s courts that the sale of tobacco products was a necessity. We’ll also be looking into whether businesses have a stronger case, in the events whereby they might plan to sue government for loss of damages, due to the pandemic. Repercussions of the lockdown has disadvantaged so many companies from various industries, where many were unable to make profits. We got a legal opinion on this matter.
The show is now focusing on the second part of police brutality during the stringent lockdown regulations. In last week’s show, we spoke with Titus Mametse, an Alexandra resident who was unfortunate to be shot by the police earlier this year.
We also featured the police watchdog, who are the Independent Police Investigative Directorate (IPID), where they outlined their duty on holding police accountable.
Tonight, we are extending the conversation by adding your various views on the topic and we also get a legal opinion from Megandree Naicker from Legal Aid.
That’s a wrap on our two series show on police brutality under strict lockdown restrictions.
Tonight's show focuses on the awful plight of police brutality during the stringent lockdown regulations. Titus Mametse, an Alexandra resident shares his police brutality experience, where he survived a shooting earlier in March just when the lockdown was instituted.
We also speak to the Independent Police Investigative Directorate’s (IPID) Spokesperson, Ndileka Cola, to outline their duty on holding the police accountable. This is the first part of a two series show on police brutality under strict lockdown regulations.
Part two will continue next week Tuesday, on August 18 on Vow Fm 88.1.
Photo by Skylor Powell on Unsplash
We’re profiling Buang Jones, the provincial Head of the South African Human Rights Commission in Gauteng and also currently acting as the commission’s Head of Legal Services. He shares his challenges and lessons he has experienced so far in the legal fraternity. The 34-year-old passed his attorney’s board exam at first attempt in 2009 and he is also the member of the Legal Practice Council. Besides being a staunch Christian that enjoys hiking, reading and podcasts, Buang prefers spending his private time with loved ones. His passion for fighting for the rights of the vulnerable is evident in his work.
In a very important topic following the release of the report by the Commission for Gender Equality on how at least 48 women, mostly HIV positive have been forced into sterilization; we engage on this topical issue with the Commissions’ Javu Baloyi. He highlights under what conditions sterilization is appropriate and sadly, notes the effects of it on the women who realized their fate years after the forced medical procedure; which has included divorce for some, mental health issues for others and even a suicide death for one
Often we dwell on the rights of the child, but struggle to engage on the responsibility angle. We address what it means for children to have rights in the context of issues of negligence and deaths in schools, homes and within the authority of persons in power; with Karabo Hansugule from Centre for Child Law.
We then shift gears in a critical and fascinating conversation on what ‘responsibility’ means in the context of our human rights values and key principle; that the child’s interests are of paramount importance. Discover how to develop and nurture responsible future citizens with social worker and consultant Dr. Joan Van Niekerk.
Josèlynn Fember is a young and ambitious female attorney who was first introduced to South Africa as a child actress on Soul Buddies. She has overcome myriads of challenges as a black woman leading to her determination, success and inspirational courage to endeavour into her own law firm before the age of thirty. A force to be reckoned with, Josèlynn Fember shares her amazing journey.
For more information on her career and services, visit www.femberattorneys.co.za.
Animal Rights should be of huge concern to all sectors of our population, although that is unfortunately not always the case. The Animals Protection Act 71 of 1962 which has been amended quite a few times has advocated massive strides in the treatment of animals; including an end to animal mutilation, the licensing of pet animals by owners in other parts of the country as well as the accommodation of animal welfare by traditional practices. This insightful conversation is contributed to by Allan Perrins from the Animal Welfare Society of South Africa.
With the reality that every single one of us will die one day, it is important to not take it for granted who should inherit our assets and other benefits that we certainly cannot take with to the grave. As we delve into both testate and intestate law; we also tackle the conversation of the importance of a will despite the fact that the majority of the South African population die with an estate of less than R250 000 and some debates on how Estate Law has progressed
Regional and district courts continue to operate during the festive season with lawyers generally handling cases that have to do with speed limits, drinking and driving, drunk driving, road rage and assault. It is common to not fully know one’s legal rights regarding some of these issues. Legal practitioner from Legal Aid, Pheneas Mokoena gives legal advice and precautions regarding our behaviour during this period and our engagement with the law.
As we commemorate 16 Days of Activism for No Violence against Women and Children, we highlight the high rate of school related gender-based violence in the schooling system. South Africa sadly, has become home to alarming levels of violence against women and children, making gender based violence a national emergency and launching a national emergency action plan aimed at curtailing the violence. Our first guest, Mrs Dululu Hlatshaneni spoke to us on the interventions the Department of Basic Education has in response to GBV in schools and our second guest, Advocate Amanda Vilakazi, a member of Legal Aid South Africa, joined the conversation lighting the life-changing affects young people face when engaging in criminal activities or commit gender-based crimes.
Presenters: Millicent Ndiweni and Tshepo Mohapi Producer: Simba Honde Technical Assistance: Mike
Photo: USAFE
The effects of climate change have been overtly experienced throughout the world; from droughts and floods to tornadoes and extreme heat conditions. Food insecurity, poverty and inflation are some of the major results of these effects of global warming which South Africa is grappling with. September 2019 saw the biggest global protests for environmental justice in the history of humanity. We engage with environmental lawyer Siyabonga Mkhize as well as climate justice activists Lerato Ngakane and Makoma Lekalakala on these important issues.
Photo by Markus Spiske on Unsplash
Most of South Africa was up in arms following an announcement by The Department of Basic Education that it will place more emphasis on sexuality education in schools; this was interpreted to mean a new proposed Sexuality Curriculum. In conversation, we have the Department explaining themselves about their intention and vision, proponents against this curriculum, Freedom of Religion as well as Federation of South African Schools who feel excluded from the policy amendment process – in a riveting conversation about CSE.
This week, we enjoy a conversation with a young attorney, Mahlogonolo Kgothadi who has been practising in the legal field for five years and has quickly elevated to partner status at Tshepo Mohapi Attorneys. He passionately shares with us his experience, journey and frustrations in and about the legal field; his analysis of issues of transformation within the legal fraternity is particularly heartfelt.
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 an educational understanding around presidential pardons, the procedures of pardons and whether they are effective. We were also joined by Phephelaphi Dube, a legal researcher and analyst to help us wrap up complexities surrounding presidential pardons.
Executive Producer: Simba Honde. Technical Producer: Kutlwano Serame. Researchers: Sesethu Zingwelwa , Sihle Monama, Nelca Mositsa and Seipati Makafane. Hosted by Millicent Ndiweni and Tshepo Mohapi.
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 how effective this profession is, as well as what the limitations of security guards are.
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 important to distinguish between these to make informed decisions to protect yourself in the event that you get a divorce. On this week’s episode, we speak to principal legal practitioner Magate Nkgapele from Legal Aid South Africa about the legal aspects and potential ramificatons of the different marital property regimes. It is well known that not everyone goes the marriage route. Therefore the second part of the discussion will be around universal/domestic partnerships (commonly known as vat en sit) and the protection afforded to partners.
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 no longer allowed to discipline them as they see fit. Meanwhile, others celebrate the decision saying that it is a much needed one considering the widespread violence in our country. In this week’s episode, we speak to Attorney Daniella Ellerbeck from Freedom of Religion SA to unpack this highly contested decision of the Constitutional Court. In doing so, we will focus on the merits of the case and any pros and cons that it may come with.
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 back the death penalty. Women feel like the law is not protecting them and no one is listening to them.
All these tragic events beg the question, “Should the South African Government declare GBV a state of emergency? Photo by Kayla Velasquez on Unsplash
Executive Producer Simba Honde, Technical Producer Kutlwano Serame, Researchers Sesethu Zingelwa and Nelca Mammate. Hosted by Tshepo Mohapi and Millicent Ndiweni.
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 to all of society, continuing the adverse power relations which we often continue to internalize. Rama advocates that it is time to stop talking and start acting; suggesting that it is necessary to now have some class action to end this discrimination.
Photo by Christian Dubovan
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 others like her. She inspires us in her journey to success as one of the few young black women who make it in the male dominated corporate legal industry.
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 engage in a critical conversation about the law and real life experiences of survivors of sexual violence (from harassment to rape) with the Director of the Wits Gender Equity Office Charlene Beukes, as she shares her insight and advice on this very prevalent social issue.
Photo Cred: Alexander Shimmeck
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, believe that, it has to be restorative.
In this week’s episode, we speak to Cornelia Nell, an attorney, to understand which laws underpin its understanding and give credit and authority to its existence, especially in criminal matters. Our second guest, Lesley Ann van Selm, the Managing director at Kulisa Social Solutions, discusses the implementation of restorative justice, and whether it can be a significant influence on crime rates, and prison population.
This edition of Law Focus is brought to by Wits Radio Academy: Executive producer, Simba Honde and co produced by Nelca Mositsa, Sesethu Zingelwa and hosted by Tshepo Mohapi and Millicent Ndiweni. Technical production provided by Kutlwano “Gwinch” Serame.
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 to Pheneas Mokoena, legal practitioner from Legal Aid about his knowledge on this aspect of the criminal justice system; as well Wits academic, Professor Stephen Tuson, who challenges the notion and practice of minimum sentences as an effective way of combatting crime.
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 on the ground covering issues of mob justice, Nduduzo Nxumalo about his experiences and critical analysis regarding this rather important but growing and complex social ill.
Photo Cred: Getty Images/iStockphoto
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 high regard in South Africa. We delve into this painful conversation with advocate Innocent Mthembu from Legal Aid SA and Simoniah Mashangoane from the Wits Justice Project as they share their experiences and expertise on the matter.
Photo Cred: Getty Images
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 Institute and Gloria Kente from the South African Domestic Services and Allied Workers Union the outcome of this matter as well as other avenues of occupational injuries and diseases acquired during the course of your work.
Photo Cred: Dane Deaner
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 Criminal Procedure Act permits the use of force by the police in certain circumstances, knowing how much force can be exerted often seems to be a fine line. As we celebrate June 16, our interest is in reviewing whether the culture of violence so pertinent in the police force under apartheid has improved; further, we examine the relationship between the youth and the police. In conversation with us is Brigadier Denise Beukes and Professor Peter Jordi.
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 to our guest Labour Lawyer Ms. Jabulile Duba what constitutes unfair dismissals and the recourse for it. As we interpret South African Labour laws, we also engage with Mr. Neo Mahlako from the Wits Law Clinic about some of the ethics regarding the workplace environment and the exercise of power in institutions of employment.
Picture by Mismas Law Firm.
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 socio-economic reality is such that you cannot afford bail; how the law interprets bail applications for minors and undocumented persons… We engage in dialogue with Stanley Malematja, attorney at the Right to Protest Project and Bricks Mokolo, paralegal at Citizen Justice Project to unpack these and other issues.
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 currently questionable; children’s lives are constantly in danger! DDG Connie Nxumalo (Social Services) and Joan van Niekerk (Child Rights Activist) assist in analyzing the various legislations enacted for the protection of children, with the intention of understanding if the laws are adequate, or perhaps the rights are too much… what is the gap between legislation and implementation?
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 Africa is a country that we have believed to be a separation of church and State; we have a pertinent jurisprudential discussion of legal moral philosophy, delving into the role of religion and explaining how far into the South African state section 15 of our Constitution stretches. We navigate this conversation with two excellent guests; Constitutional Law expert Pierre de Vos and Media commentator Gushwell Brooks.
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 Research Institute who talks us through the absolute importance of appointments at State institutions such as the NPA, which have a bearing on policing and the criminal justice system as a whole. Advocate and Acting Judge William Karam also contributes by engaging with us about the key technicalities involved in evidence law and how it legally functions as a system.
Photo by João Silas on Unsplash
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 firstly, in understanding how the current system works and secondly, in participating in conversations about the critical analysis of the current discourse. Together with Attorney, Tshepo Mohapi as well as Emeritus Professor Roger Southall, we explore the various concepts as well as granular details of Proportional Representation as our electoral system of choice; we further unfold critiques about this phenomenon and spark whether it still serves a purpose in what we aim to be a progressive democracy in South Africa.
Xenophobia continues to be a contentious issue in the South African society. Foreign nationals are often blamed for the country’s high crime rate, unemployment, and overcrowding of health facilities. However, it is hard to imagine that people will just up and leave the comfort of their countries to be a problem elsewhere. Surely people are motivated by a better future and greener pastures which South Africa seems to offer. However, it should be noted that South African government is currently faces economic challenges and the added strain brought by the influx of foreigners causes more tension. Politicians and public government figures do not help the situation at all as they tend to speak against xenophobia whereas in the same breath, articulate many notions that continue to fuel it.
In this episode, the conversation revolves around issues of ethics as well as empathy; for people on both sides of the coin; foreign nationals as well as South African citizens. We begin by unpacking South African Law’s expectation of foreign nationals and the policies and requirements are reasonable with Wayne Ncube, an attorney at Lawyers for Human Rights. We then speak to Chief of Party, at Freedom House, Ms Tiseke Kasambala, about the socio-economic dynamics, which force people to leave their countries.
Presenter: Millicent Tshiamo, Producer: Simba Honde, Technical Producer: Kutlwano Gwinch Serame
Sex work in South is still illegal. A study conducted in 2013 revealed that there were between 132 000 - 182 000 sex workers, female, male, intersex and transgender. The majority are either internal or cross-border migrants with multiple dependants. There have been growing calls over the years to decriminalize the world’s “oldest profession” and some say its time, however, others still believe decriminalization of sex work would lead to abuse.
In this episode, we discuss this contentious issue with an attorney from Legal Aid SA Ms. Puleng Mpeke who will give us a legal analysis around the current law on sex work and Mr. Katlego Rasibitse from Sisonke Gender Justice, who are advocating for its legalization and what informs their stance.
Presented by: Millicent Tshiamo, Produced by: Simba Honde, Technical Producer: Kutlwano Gwinch Serame
Human Rights are essentially a set of agreed principles, which affirm and uphold the dignity of the person. There are concerned with fairness, respect and independence and recognize our freedom to make certain life choices and realize our potential as human beings but also understanding that there come with responsibility and consideration for the rights of others. In South Africa, Human Rights Day commemorated on the 21st of March, is historically linked to the Sharpeville massacre were 69 people were shot dead for protesting the unjust apartheid pass laws. This year, the theme is “The Year of Indigenous Languages: Promoting and Deepening a Human Rights Culture”. In this episode of Law Focus, we spoke to Constitutional Hill CEO, Dawn Roberston , to discuss the history of the place, significance and different activities lined up to commemorate Human Rights Day. Secondly, we engaged with Sharon Ekambaram, from Lawyers for Human Rights, to ascertain the state of Human Rights in South Africa today. Finally, we touched base with, Gushwell Brooks, the spokesperson for the South African Human Rights Commission, on its rights and responsibilities as a Chapter 9 institution in affirming and promoting human rights.
PHOTO CRED: Jon Tyson
In light of the recent public outcry for #JusticeForThoriso which involves the violent murder of 28 year old Thoriso Themane who died at the alleged hands of seven teenagers aged between 13 and 16 from Capricorn High School in Polokwane, Law Focus decided to examine what the South African criminal justice system says about minors committing heinous crimes.
Joining us for this conversation is Justice Magayi from Legal Aid South Africa who will clarify how crimes committed by minors are handled, and whether the calls for harsher punishments will be considered. We also speak to clinical psychologist Thabang Tlaka and social worker Orapeleng Phale to better understand the social and psychological reasons why young people resort to crime.
This edition of Law Focus is brought to by Wits Radio Academy and Legal Aid South Africa: Produced by Simba Honde and Hosted by Veronica Makhoali, Millicent Ndiweni, Siyabonga Motha and Sesethu Zingelwa. Technical production provided by Kutlwano “Gwinch” Serame
Sports has a unique ability to unite people of different backgrounds, races, genders and nationalities, in more ways than one sports has directly affected and influenced society by breaking down preconceptions and challenging the status quo.
One athlete who has exhibited this is 'Golden Girl' Mokgadi Caster Semenya a South African Olympic gold medalist and world champion middle-distance runner. Caster Semenya is a hyperandrogenic athlete which means her body has high levels of male sex hormones such as testosterone, a genetic variation which we should be celebrating in the world of athletics as it shows the community is committed to inclusion but instead the International Association of Athletics Federations is proposing that hyperandrogenic and DSD (differences of sexual development) female athletes should take a hormone suppressant drug to lower their testosterone levels in order to be eligible to compete.
The proposed rule has raised concerns of human rights violations which we will unpack with the Commission of Gender Equality's acting chairperson Tamara Mathebula as well as Candice Martin, a sports scientists from Sports Science LAB South Africa who explains the medical effects of hormone suppressants and how this will affect Caster Semenya's performance.
This edition of Law Focus is brought to by Wits Radio Academy: Produced by Simba Honde and Hosted by Veronica Makhoali, Millicent Ndiweni, Sesethu Zingelwa and Siyabonga Motha. Technical production provided by Kutlwano “Gwinch” Serame.
In 2013 the North Gauteng High Court in Pretoria sentenced Lovers Phiri, a former Department of Health HIV counselor to six years in jail after he had unprotected sex with his then girlfriend and never disclosed his status to her, he was subsequently convicted of attempted murder. A similar case in the United States occurred when a man was handed two 15 year imprisonment sentences following his non-disclosure of his HIV+ status when he had sex twice with his partner on both occasions, using a condom and not infecting her.
HIV criminalization refers to the use of criminal law to penalize alleged, perceived, or potential HIV exposure. South Africa has not adopted any HIV-specific criminal law but the conversation around the criminalization of HIV is on-going. The implementation of such laws is said to decrease the number of infections but would also drastically foster stigma and discrimination. Joining the discussion is Neil Kirby, Director and Head of Healthcare and Life Sciences practice at Werksmans Attorneys as well as Doctor Sindi Van Zyl an HIV/AIDS expert provides ongoing support and health-care education.
This edition of Law Focus is brought to by Wits Radio Academy: Produced by Simba Honde and Hosted by Veronica Makhoali, Millicent Ndiweni, Sesethu Zingelwa and Siyabonga Motha. Technical production provided by Kutlwano “Gwinch” Serame
As the 2019 academic year begins Universities across the country have been in disarray and turmoil as students have rallied together to protest various issues at their institutions. These protests have obtained nationwide attention for various reasons but more prominently the death of a Durban University of Technology student, Mlungisi Madonsela. The young man was killed during clashes with security on campus during a protest raising questions regarding what the constitutions says about our right and our responsibility to protest.
Law Focus this week will analyse Section 17 of the Constitution which provides that everyone has the right to assemble. To help us understand our right to protest we speak to a Law Student Patrick Kadima to explain the role of the SRC and university laws around protest actions, we also speak to Zandile Jiyane, from the Freedom of Expression Institute to unpack the difference between a legal and illegal protest.
This edition of Law Focus is brought to by Wits Radio Academy: Produced by Simba Honde and Hosted by Veronica Makhoali, Sesethu Zingelwa and Siyabonga Motha. Technical production by Kutlwano “Gwinch” Serame
There is an increasing number of illegal backstreet abortion, despite the termination of pregnancy being legal in South Africa. Dr. Malusi Dlamini and Zwanaka Netshifulani (Wits Gender Equity Office) discuss the concerns surrounding reproduction and women having the right to freedom to have control over their bodies. Brenda Bamuza and Whitney Chilokwna from Marie Stopes talk about the challenges they face in healthcare and fighting the stigma in the communities.
This edition of Law Focus is brought to by Wits Radio Academy: produced by Bulali Dyakopu and Hosted by Veronica Makhoali and Siyabonga Ntuli. Technical production provided by Kutlwano “Gwinch” Serame.
President Cyril Ramaphosa has appointed four commissions of inquiry in the first nine months of his presidency, its no wonder why commissions of inquiry seems to be all we are talking about these days but do we really understand the fundamentals, structures and purpose of a commission of inquiry.
Law Focus this week unpacks the function of a commission of inquiry including their aim, how they differ from a court of law and what procedures their guided by. The discussion consists of Japhter Mapadimeng a supervisor legal practitioner from Legal Aid South Africa who explores the powers of a commission of inquiry with us. We then get into great detail about procedures and the purpose of broadcasting commissions to the public with the spokesperson for the Mokgoro Comission Bongiwe Gambu.
This edition of Law Focus is brought to by Wits Radio Academy and Legal Aid South Africa: produced by Simba Honde (and Sesethu Zingelwa) and Hosted by Veronica Makhoali and Siyabonga Motha. Technical production provided by Kutlwano “Gwinch” Serame
On backdrop of the VBS scandal where over 2 billion rand was unlawfully extorted from the bank, we interrogate what happens to the poor people that trust banks with their last penny? Joining the discussion is National Secretary of the South African Society of Bank Officials (SASBO) Lebogang Selepe as well as Phumzile Gushe of the Ombudsman for Banking Services to talk about the legal concerns of banking.
This edition of Law Focus is brought to by Wits Radio Academy: produced by Bulali Dyakopu and Siyabonga Motha and Hosted by Milicent Ndiweni and Veronica Makhoali. Technical production provided by Kutlwano “Gwinch” Serame.
The stigma around mental health is still rife. In attempting to understand the reasons behind the widespread stigma, we speak to psychiatrist, Dr Steve Molefe who explains the importance of mental health awareness and the role played by medical-care. Nicole Breen from the South African Federation for Mental Health and Neville van de Spuy from the Wits Law Council speak lack of implementation of the Mental Health Care Act 17 of 2002.
This edition of Law Focus is brought to by Wits Radio Academy: produced by Bulali Dyakopu and Millicent Ndiweni. Hosted by Veronica Makhoali and Siyabonga Ntuli. Technical production provided by Kutlwano “Gwinch” Serame.
Wits University students are increasingly frustrated with rent increase and tenant rights being exploited. This stirred the ‘Accommodation is land” march that led to City of Johannesburg buildings to hand over a memorandum of demands to mayor Herman Mashaba for affordable student accommodation. To discuss rental rights, we are joined by Edward Molopi from Social Economic Rights Institute and Keletso Makeng from Gauteng Rental Housing Tribunal to unpack the legal concerns of renting.
This edition of Law Focus is brought to by Wits Radio Academy: produced by Bulali Dyakopu and Millicent Ndiweni. Hosted by Veronica Makhoali and Siyabonga Ntuli. Technical production provided by Kutlwano “Gwinch” Serame.
South Africa is notorious for its rape statistics. We speak with a Senior Legal Practitioner Mr. Justice Magayi from Legal Aid SA explains the legal concerns of rape culture. We close off with Gender equity Office representatives’ and relationship counsellor, Angie Diale who capture the struggle of violent women face, followed by a commemoration of those who have been sexual violated.
This edition of Law Focus is brought to by Wits Radio Academy and Legal Aid South Africa: produced by Bulali Dyakopu and Hosted by Veronica Makhoali and Siyabonga Ntuli. Technical production provided by Kutlwano “Gwinch” Serame.
The socio-economic ills that South Africa battles with contribute to the increase in human trafficking. This week, Law Focus explores the troubling facts about trafficking in persons. Dept. of Justice and Constitutional Development Legal Administration Officer, Matome Modibe and Ottilia Anna Maunganidze from Institute for Security Studies Head of Special Projects explain why human trafficking is booming. Closing off with Deputy Director of Embrace Dignity, Jeremy Routledge who raises concerns about the implementation of the law in combating human trafficking.
This edition of Law Focus is brought to by Wits Radio Academy: produced by Bulali Dyakopu and Hosted by Basil Sherinda. Technical production provided by Kutlwano “Gwinch” Serame.
The president of the Republic has issued in the Gazzette a notice that constitutes a Commission of Inquiry into the affairs of SARS while SARS commissioner Tom Moyane is undergoing a disciplinary hearing; the two proceedings occur simultaneously which has consequently raised the issues of fairness. Law Focus this week explores the fairness of the proceedings occurring at the same time as a legal issue and also looks into the corruption conduct. The discussion and analysis consists of Neville Gawula, Attorney at Maluleke Seriti Makume Matlala Inc. Attorneys, and Theo Mapheto (founder of Mapheto Attorneys) who provide an analysis of the decisions made by the commission regarding the fairness issue. To discuss the corruption issues as well, we are speaking to David Lewis Director at Corruption Watch This edition of Law Focus is brought to by Wits Radio Academy and produced by Ms Bulali Dyakopu. Hosted by Mr Basil Sherinda and technical production provided by Mr Kutlwano “Gwinch” Serame.
South Africa in 2018 experienced an increase in cash-in-transit heists in the country. This opened up conversation regarding issues surrounding the heists like the safety of the security guards commuting with the money in the vans. Law Focus this week explores those issues with a particular focus around the safety of the guards. We speak with a security guard regarding their experiences. Spokesperson of Motor Transport Workers Union, Mr Hlasinyane Motaung explains the march to us and the demands of the workers. Law Focus also gets expert advice from an engineering perspective from Khurume Morobela. We close off with Ms Annalise Burgess, author of Heist, who captures the cash-in-transit phenomenon. This edition of Law Focus is brought to by Wits Radio Academy and Legal Aid South Africa: produced by Ms Bulali Dyakopu and Hosted by Mr Basil Sherinda. Technical production provided by Mr Kutlwano “Gwinch” Serame.
The majority of the country lives under the poverty line and at most to survive most of South Africa acquire debt, loans and hire purchase agreements. Law Focus this week looks at Debt regulation as facilitated by the National Credit Regulator mandated by the National Credit Act 34 of 2005.
To explain the regulations better, we speak to Mr Morris Maluleke, supervisor at the National Credit Regulator. To get advise on how to save, we speak to Mr Gerald Mwandiambira from the South African Savings Institute and we close with psychology and therapy expert Mr Siya Skhosana.
This edition of Law Focus is brought to you by Wits Radio Academy, produced by Bulali Dyakopu and hosted by Basil Sherinda. Technical production by Kutlwano “Gwinch” Serame.
We are a conquered nation” retorts EFF CIC Julius Malema. This was said in a call to have Land expropriated without compensation. Law Focus this week focusses on the call to amend section 25 of the Constitution to allow for expropriation of land without compensation. We explore views by DA leader Mmusi Maimane, EFF leader, Julius Malema and ANC leader Cyril Ramaphosa. We also include the call made by the Constitutional Review Committee chairperson Mr Vincent Smith for submissions vis-à-vis to the amendment of section 25. We speak to the Chairperson of the Joint Constitutional Review Committee Mr Vincent Smith and Property Law Expert, Mr Nhlanhla Sono. Prof Jackie Dugard provides us with an analysis of section 25 and shares her views regarding enforcement and practice of land reform and expropriation in the country. This week’s Expropriation without Compensation edition of Law Focus is brought to by Wits Radio Academy, produced by Ms Bulali Dyakopu and Hosted by Mr Basil Sherinda. Technical production provided by Mr Kutlwano “Gwinch” Serame.
While the most solid manner of overcoming poverty is education, the training at the early stages and age is important. The right to Basic Education is an unqualified right promised by the Constitution along with attendant legislation and policy. The application thereof has had difficulties resulting in lack of textbooks, proper facilities and even lack of teaching personnel for many students in primary and high school in the country. Law Focus probes the development of the right to Basic Education as contemplated by the Constitution in section 29 (1)(a). We speak to Ms. Ziphokazi Sisilana, Candidate Attorney at the Equal Education Law Centre as she breaks down the unqualified nature of the right. The show extends to speaking to the Director at the Centre for Child Law, Ms. Karabo Ozah as she explains the jurisprudential development of the right and some of the difficulties in implementation. This edition of Law Focus is produced by Bulali Dyakopu and Hosted by Basil Sherinda. Technical production by Kutlwano Gwinch Serame.
Law Focus and Wits Justice Project (WJP) forges a discussion on the G4S Private Prison Torture. The discussion is done with a special focus on a case brought on behalf of 45 prisoners at the Mangaung Correctional Services. To give context to the investigation, we speak to WJP investigative journalist, Ms. Ruth Hopkins. To provide a legal understanding of the case, we speak to Ms. Carina Du Toit of the Law Resources Centre. We also interview one of the prisoners at the prison. This week’s of Law Focus is brought to by Wits Radio Academy and Wits Justice Project: produced by Ms. Bulali Dyakopu and Hosted by Mr. Basil Sherinda. Technical production provided by Mr. Kutlwano “Gwinch” Serame.
The physical and psychological integrity along with the dignity of the child is brought to spotlight by Child Protection Week. Law Focus this week looks at Child Protection and Scholar abuse. Insight is also brought in from the CEO of Childline Ms Dumisile Nala. Ms Cynthia Nyoni who is a Social Work manager shares expert view on the cycles of abuse and understanding of abuse. We close off with Mr Dennis Masango of Legal Aid South Africa explaining legal procedures available to student who are harassed. This edition of Law Focus is brought to by Wits Radio Academy and Legal Aid South Africa: produced by Ms Bulali Dyakopu and Hosted by Mr Basil Sherinda. Technical production provided by Mr Kutlwano “Gwinch” Serame.
Law Focus this week highlights sexual harassment in institutions that we occupy. This discussion is placed in the context of section 9, 10, 12 of the Constitution. Read together with Protection of Harassment Act, the Employment Equity Act, and Prevention of Unfair Discrimination Act. Further, we do a policy analysis on sexual harassment with Wits Gender Equity Officer Dilia Mokhobane tackling the meaning and the process to follow in reporting it. Later on, founding partner of Mapheto Attorneys’ Theo Mapheto speaks to us about the practical challenges of sexual harassment. This Sexual Harassment edition of Law Focus is produced by Ms. Bulali Dyakopu and Hosted by Mr. Basil Sherinda. Technical production provided by Mr. Kutlwano Gwinch Serame.
The function of a lawyer in the case of an accused or respondent is to apply the law and represent a case in court in alignment with the interests of the party to the extent that it is ethical to do so. Law Focus this week discusses the pros and cons of a party to a dispute to so themselves. Legal Aid SA advice line manager, Mr. Dennis Masango enunciates on the pros and cons of self-representation and advices people to approach Legal Aid SA for representation. From Mapheto Attorneys, Mr. Theo Mapheto explains the difficulty of self-representation even if one is well vested in legal knowledge. This week’s Self-representation in Court edition of Law Focus is brought to by Wits Radio Academy and Legal Aid South Africa: produced by Ms. Bulali Dyakopu and Hosted by Mr. Basil Sherinda. Technical production provided by Mr. Kutlwano “Gwinch” Serame.
Landlessness in South Africa continues to pain many since it touches at the heart of property rights and thus at the core of people’s dignity and belonging. Law Focus this week analyses the legal effects of the unlawful occupation of land (land grabs) along with the link between this land grab and lack of housing. Socio-Economic Rights Institute (SERI) attorney Zamantungwa Khumalo speaks to us about the legal effects of land grabs: eviction, alternative accommodation and the PIE Act. Later on, Mr Xolani Xundu, Communication Specialist from the Department of Human Settlement speaks on the challenges facing the housing department, and the programmes the department has in place, in curbing the lack of housing This week’s Land Grabs and Housing edition of Law Focus is brought to by Wits Radio Academy, produced by Ms Bulali Dyakopu and Hosted by Mr Basil Sherinda. Technical production provided by Mr Kutlwano “Gwinch” Serame.
“We are a conquered nation” retorts EFF CIC Julius Malema. This was said in call to have Land expropriated without compensation. Law Focus this week focusses on the call to amend section 25 of the Constitution to allow for expropriation of land without compensation. We explore views by DA leader Mmusi Maimane, EFF leader, Julius Malema and ANC leader Cyril Ramaphosa. We also include the call made the Constitutional Review Committee chairperson Mr Vincent Smith for submissions vis-à-vis to the amendment of section 25. Prof Jackie Dugard provides us with an analysis of section 25 and shares her views regarding enforcement and practice of land reform and expropriation in the country. This week’s Expropriation without Compensation edition of Law Focus is brought to by Wits Radio Academy, produced by Ms Bulali Dyakopu and Hosted by Mr Basil Sherinda. Technical production provided by Mr Kutlwano “Gwinch” Serame.
The Department of Justice just passed into law the Maintenance Amendment Act that seeks inter alia to blacklist defaulters of maintenance support. It also seeks to speed up the process of locating the suspect in the event of a complaint. Law Focus this week seeks to understand and probe into the effectiveness of the new amendment with the assistance of Ms. Peta Josephine from the Department of Justice. Later on, Ms. Joy van der Heyde, a family law attorney at Schuld Inc provides a critique of this amendment. Law Focus also tracks down a paper written by Ms. Pauline Manaka at the outset of the announcement of the Bill prior to its enactment. Ms. Manaka is an associate at Cliffe Dekker Hofmeyr Attorneys. This week’s Law Focus show is brought to by Wits Radio Academy, produced by Ms. Bulali Dyakopu and Hosted by Mr. Basil Sherinda. Technical production provided by Mr. Kutlwano “Gwinch” Serame.
In 1992, two men called Fusi Mofokeng and Tshokolo Mokoena were arrested and convicted on a charge of murder. Subsequently, the Truth and Reconciliation Commission (TRC) granted them an opportunity to confess but they declined to, insisting on their innocence. They are applying for a presidential pardon. Law Focus this week brings you an exclusive with a focus on the wrongful arrest and presidential pardon. To shed light on the journey towards the petition for the presidential pardon, we speak to Ruth Hopkins of the Wits Justice Project. We also get a legal view of the matter from Ms. Odette Geldenhuys from Webber Wentzel. In his story, Fusi Mofokeng recounts his experience. This edition of Law Focus is produced by Bulali Dyakopu and Hosted by Basil Sherinda. Technical production provided by Kutlwano Gwinch Serame.
Listeriosis has claimed 180 lives in South Africa. Listeria is abacteria that attacks the immune system and is found products like polony and meat products. The bacteria was traced back to the facilities in Polokwane that belong to Tiger. Law Focus this week brings focus to the possible class action litigation that will bring justice to the 180 families. Two Class action experts, Dr Theo Broodryk and Prof Salim Nachjavani from Stellenbosch and Wits University respectively share their views on the state of class actions in South Africa and the litigation approach apt for the listeriosis outbreak. Richard Spoor Incorporated Attorneys’ Thami Malusi explains to us the process that which the firm will take in instituting the legal proceedings. Disclaimer: Prof Salim Nachjavani did not discuss the listeriosis case but only provided views on class actions in general. This edition of Law Focus is produced by Bulali Dyakopu and Hosted by Basil Sherinda. Technical production provided by Kutlwano Serame.
Law Focus this week highlights the yearly statistics of road accidents during the Easter weekend. The focus bifurcates between the role and function of the Road Accident Fund (RAF) and its litigation statistics on the one hand; and the role and functions of the Road Traffic Management Corporation (RTMC) in providing law enforcement on the roads on the other hand. We speak to Simon Zwane who is a spokesperson of the RTMC. Later on, Ofentse Kaupane (Direct Claims Manager of the RAF) speaks on compensation and settlement of claims. DSC Attorneys’ Chris Smit highlights primarily the difficulty of proving the liability of the RAF amongst other issues. This Road Accident Fund’s edition of Law Focus is produced by Bulali Dyakopu and Hosted by Basil Sherinda. Technical production provided by Kutlwano Serame.
With the reinstatement of Minister of Police, Bheki Cele, on the one hand and the high crime rates on the other hand, this brought the spotlight on the connection between crime rate and the corrections model that South Africa currently has. Law focus this week revisits the response to crime from the perspective of Cele along with the model of capital punishment (death penalty). To shed light on the topic of crime rates, we speak to Dr Johan Burger from the Institute of Security Studies and later on, we speak to Selby Xinwa of the Centre for Study of Violence and Reconciliation. This edition of Law Focus is produced by Bulali Dyakopu and Hosted by Basil Sherinda. Technical production by Kutlwano Gwinch Serame.
The Department of Labour continues to brief and educate employers and employees on the new national minimum wage (NMW) which is set to come into effect from 1 May 2018. The Law Focus show seeks answers on the implementation of this new wage as well as the working rights of domestic workers.
The show talks to a researcher at the Socio-Economic Rights Institute of South Africa, Kelebogile Khunou about the history of domestic work and why it continues to be exploitive.
Even with the anticipated wage increase domestic workers will earn only 75% of the NMW of R3, 500 due to the higher risk of unemployment if the minimum wage is too high. CEO of SweepSouth, Aisha Pandor and the South African Domestic Service and Allied Workers Union’s organiser, Gloria Kente both agree that the minimum wage is disgracefully low.
The show also talks to Legal Aid labour lawyer, Jabulile Duba about how they can legally assist domestic workers to protect themselves from unconducive working conditions in accordance to the Basic Conditions of Employment Act.
This edition of Law Focus is produced by Bulali Dyakopu and hosted by Basil Sherinda. Consultant produced by Khutso Tsikane and Executive produced by Lerato Makate. Technical production by Kutlwano Gwinch Serame