South African laws you probably didn’t know existed

South African laws you probably didn’t know existed

Did you know that witchcraft isn't illegal in South Africa? Here’s more laws you probably didn’t know existed. 

Gavel 26
BrianAJackson / iStock

South Africa has a lot of laws. Some are obvious: don’t steal, don’t speed, don’t drink and drive and… pay your taxes. 

Others? Let’s just say they might make you stop and say: “Hold up… that’s actually a law?”

Here are FIVE VERY REAL laws that are equal parts surprising, hilarious, and slightly chaotic.

1. Refusing to give your name to police can get you arrested 

So, you think you can pull the classic movie line, “I don’t have to tell you anything!”? Well… not in SA.

Under the Criminal Procedure Act 51 of 1977, if a police officer reasonably suspects you were involved in a crime or could help with an investigation, you must give your name and address. 

Refuse, or give fake details… and yes, you can be arrested.

2. Child maintenance doesn’t automatically stop at 18 

Many of us thought 18 meant “you’re on your own now.” Wrong.

Under the Maintenance Act 99 of 1998, parents are responsible for their children until they’re financially independent. That means maintenance could continue while studying or if the child still can’t support themselves. 

Sorry, parents. Sadly, the law has no chill.

3. Witchcraft isn’t illegal… but accusing someone of it is 

Yes, you read that right. Practising witchcraft in South Africa isn’t illegal. However, accusing someone of witchcraft? Big problem.

The Witchcraft Suppression Act 3 of 1957 makes it a criminal offence to accuse someone of being a witch or claiming they can use magic to harm you. 

So that broom-flying neighbour of yours? Unless you have video footage, don’t start rumours.

4. Employers can’t ask certain personal questions in interviews 

Did your employer ask you about your marital status, religion, or baby plans in a job interview? Well… you might have a case. 

The Employment Equity Act 55 of 1998 protects job applicants from unfair discrimination. Whether you’re divorced, 3 months pregnant or you’re an Atheist, these questions are forbidden by law. 

So, boss man; ask the wrong question, and your HR policies might suddenly become very interesting… in court.

5. Livestock have right of way on the road 

Just because you paid 2M for your BMW, it isn’t automatically king of the road.

Under the National Road Traffic Act 93 of 1996, people herding animals like cows, goats, sheep, and donkeys can legally use the roads and drivers must slow down or stop. 

So next time a cow is chilling on the road… legally, it wins.

What about sibling maintenance?

We got attorney Ashton Naidoo on East Coast Breakfast to give us more information on the recently discovered Sibling Maintenance Law. Naidoo shared that this law is considered a 'last resort'. 

Courts follow a hierarchy of responsibility when deciding who must provide support. First, the duty falls on parents. If parents are deceased or unable to provide support, the responsibility may move to the parents' estate, then grandparents, and only after that to siblings.

For a sibling maintenance claim to succeed, several requirements must be met.

  • First, the person claiming maintenance must be indigent, meaning they cannot support themselves. This could include a minor without parental support, a disabled adult sibling, or a sibling still studying and unable to earn an income.
  • Second, the sibling from whom maintenance is claimed must have the financial means to contribute. Courts will consider their income, expenses, dependents, and overall financial position.
  • Third, the claimant must prove that no closer relative is able to provide support.

If a court did order maintenance, it would be limited to reasonable necessities, such as food, clothing, housing, medical care, and education. Courts do not award luxury or lifestyle maintenance.

Interestingly, there are no widely reported South African cases where one sibling sued another directly for maintenance.


Wait... there's more

Naidoo also shared other weird laws that exist in South Africa that you probably didn't know.

For instance, thinking of turning your puppy into a Tigger replica? Think again. If the dyeing process harms the animal or causes unnecessary suffering, it would violate section 2(1) of the Animals Protection Act 71 of 1962.

Also, letting someone ride in the boot is a big no-no. The National Road Traffic states that: “No person shall on a public road carry any person for reward in the goods compartment of a motor vehicle.”

Section 63(1) of the National Road Traffic Act 93 of 1996 states: “No person shall drive a vehicle on a public road recklessly or negligently.”

This is a very broad offence. Courts interpret “reckless” or “negligent” driving to include any driving conduct that creates a danger to other road users or passengers.

Naidoo shared more laws you probably didn't know existed. Take a listen:

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