Legal Eye for the Layperson

Isn't it uncanny how there is an element of truth in justice but truth does not necessarily encompass justice? One can define truth as the conformity to fact or reality – which is synonymous with declarations of righteousness and freedom from falsehoods. In all material understandings of the concept of truth, the foundational meaning lies in objectiveness of fact. On the other hand, if one had to define justice, a key element in true (or natural) justice is honesty and conformity with truth and reality. Put simply, justice is the integrity in the dealings between men. It is the strict compliance with moral obligations toward humanity and the Divine Law. It is in fact the basis upon which human rights were created. And is it not fascinating how justice and truth link when it comes to human rights? In what instances have truth and justice been linked in the arena of international human rights? One of the most famous examples of this is the creation of Truth Reconciliation C

By its very nature, the concept of maintenance should be quite easy to ascertain and acquire in law. A parent of a child is (especially, for the purposes of law, financially ) duty-bound and legally bound to support his or her child, whether natural or adopted parent. In a similar fashion, the law has created a set of reciprocal obligations between parents and children: children are equally bound to support their parents as parents are to support their children. In South Africa, especially because of,  inter alia , the high birth rare, the law has been geared with a fool-proof Maintenance Act , Regulations, and Court. This is primarily because the Constitution of the Republic of South Africa ("the Constitution") is the highest law in the land and therefore equality before the law is an entrenched value in respect of all law created and regulating the country. However, the Maintenance system, particularly in Gauteng, is a system which is now essentially defunct: it