Islamic law forbids fornication and adultery (zina) because they result in several societal problems such as bitterness in relationships, spread of diseases and the confusion of lineage. Any child born because of zina is regarded as walad al zina (an extra-marital child). There is consensus amongst the various Islamic schools of thought (madhab) that an extra-marital child (walad ala zina) has no relationship with his or her biological father. As a result of this absence of connection, the biological father faces no legal obligation to maintain his extra-marital child. On the contrary, every parent regardless of marital status has a full legal obligation to maintain his or her children under the South African common law. It is submitted that the exclusion of an extra-marital child from receiving child maintenance from his biological father merely because he was born outside marriage, does not promote the principle of the best interest of the child at all. Furthermore, the exclusion also constitutes a violation of the child’s equality rights and dignity and is therefore unconstitutional.   Received: 21 October 2022 / Accepted: 5 February 2023 / Published: 5 March 2023

The concept of derivative misconduct has in the past come to the aid of employers in disciplining employees who are reticent about disclosing information that would support the prosecution of an offence. Though dismissal based on derivative misconduct is designed to target the perpetrators of the original misconduct, the justification is wide enough to encompass those innocent of it, but who through their silence make themselves guilty of a derivative violation of trust and confidence. In applying the concept of derivative misconduct, South African labour courts have placed too much emphasis on the unilateral duty of good faith owed by the employee to the employer rather than the reciprocal nature of the duty and the true realities of South African industrial relations. The ground-breaking judgment of the Constitutional Court in National Union of Metalworkers of South Africa (NUMSA) obo Nganezi v Dunlop Mixing and Technical Services (Pty) Limited (2019) 40 ILJ 1957 (CC) crafted significant principles in relation to the application of derivative misconduct within the context of collective bargaining. This article seeks a critical unpacking of the legal quagmire, which has not been fully addressed by the Constitutional Court, and to provide a way forward that may be adopted by employers to promote a spirit of fairness in the employment relationship.

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The Covid-19 pandemic, which started in Wuhan, China, in December 2019, has continued to wreak havoc and has changed humanity forever. The Higher Education sector, like many others, has not been spared. In an effort to save the academic year and ensure that some teaching and learning could take place in a safe and secure environment, many tertiary institutions in South Africa and other parts of the world transitioned to online education. There is no doubt that online learning promotes rich learning and understanding, and it is an effective modality for teaching both concepts and skills in most disciplines. Online education has enabled many tertiary institutions to become innovative in the way students learn and academics teach, while also overcoming the constraints of space, time and distance. However, the shift to remote learning has also unmasked historical, geospatial and economic inequalities that permeate the world in which students live. Challenges include the digital divide, lack of technical support, poor learning environments, conditions at home, and lack of assets (among others), resulting in many student organisations in Africa and South Africa rejecting online teaching, with some viewing it as “an unaffordable, impractical and an elitist solution” to COVID-19. With the realisation that COVID-19 is here to stay for a while, and many students complaining about the difficulties posed by online learning from home, it seems inevitable that many universities in South Africa have already or may in future consider expediting the return of students to campus. However, to open fully, universities (like other sectors) may deem it necessary, as part of their planning process, to make it mandatory for all staff and students to be vaccinated. The question that arises then is whether mandatory vaccination in a tertiary setting will pass constitutional muster in a court of law. Students, if required to vaccinate or produce a vaccination card upon entry to campus, may argue that their legal rights, such as their right to bodily integrity, religious freedom and possibly their choice to choose or refuse their medical treatment, may be infringed. South Africa has not yet had to deal with such challenges. However, the US case of Klaassen v Trustees of Indiana University (No 1:21-CV-238 DRL ND IND) (Klaassen) 1–101, was one of the first cases from a global perspective to deal with such challenges and can provide valuable assistance for South Africa going forward. This case note critically examines the case of Klaassen, which is a landmark case dealing with the issue of mandatory vaccinations for students within a university setting. It is hoped that the case will provide guidance to universities in drafting policy documents surrounding mandatory vaccination, as well as in dealing with possible legal challenges in future.

The number of children being sexually violated on a daily basis continues to escalate against a backdrop of a dearth in the conviction rate of their attackers. This is notwithstanding global efforts being made to protect children from the harrowing experience of being sexually violated. Creative measures such as the introduction of innovative child legislation have been largely neutralized by the inability of the criminal justice system to complement the child’s healing process. The gulf between policy and practice has given rise to a lack of protection in respect of the rights of children. In this paper, we seek to highlight the gaps in the South African criminaljustice system when it comes to safeguarding the interests of the minor complainant during the criminal process. We analyse key legislative instruments which purport to protect the minor victim. The analysis is aimed at determining whether or not the specified key provisions are in conflict with the Constitution. The introduction of separate legal representatives for child complainants is evaluated as an option in improving the plight of young child victims. The paper then concludes on an optimistic note by boldly opining that in line with legal developments in other international jurisdictions, the South African criminal justice system can accommodate the legal novelty of introducing separate legal representation for child victims.