Bronwyn May Inc.

Bronwyn May Inc. Boutique law firm based in Pretoria-East specialising in family, divorce and matrimonial law

We offer personal attention, practical experience, in-depth knowledge of specialised Family law matters. Through many years of experience handling family law matters, particularly divorce and custody related matters; we understand the psychological, emotional and financial impact that a divorce action has on the parties and the children.

09/02/2026

NEW DOMESTIC WORKER RULES TAKE EFFECT IN SOUTH AFRICA

Platinum Publishers | SA – Starting 1 March 2026, updated legal standards affecting domestic workers and their employers come into force across South Africa, including a new hourly minimum wage and additional responsibilities under labour law.

WHAT HAS CHANGED?

From 1 March 2026, the national minimum wage — the lowest hourly rate employers must pay eligible workers — has been increased to R30.23 per hour. This rate applies to domestic workers as well as most other workers covered by the law. The previous national minimum wage was R28.79 per hour in 2025.

Domestic workers are generally considered employees when they work in private homes performing tasks such as housekeeping, childcare, gardening, cleaning or care for older people. The updated minimum wage applies to domestic workers regardless of whether they work full-time or part-time, as long as they qualify under the labour laws.

HOW PAY IS CALCULATED

The law requires employers to pay domestic workers for each hour worked at no less than the statutory minimum of R30.23. In practice, labour rules also say that if a worker works less than four hours on any day, they must be paid for four hours at the minimum rate — meaning a legal daily minimum of around R121.

Employers may pay more than the minimum, but they cannot pay less. The minimum wage must be paid in cash; free board, accommodation or other in-kind benefits are not counted as part of the hourly wage for minimum wage purposes.

OTHER DUTIES UNDER THE LAW

In addition to paying the minimum wage, the law sets basic employment standards that both employers and workers should be aware of:
• Work Hours and Overtime: Domestic workers should not regularly work more than 45 ordinary hours per week, and overtime pay rules may apply if they work additional hours.
• Leave and Rest: Workers are entitled to annual leave, sick leave and rest periods according to the Basic Conditions of Employment Act and the sectoral domestic worker standards.
• Unemployment Insurance Fund (UIF): Employers are expected to register eligible domestic workers for UIF contributions, which can support workers if they lose employment or become unable to work.
• Written Agreement: The domestic worker employment relationship should be supported by a clear written agreement specifying pay, duties and work conditions.

WHEN IT TAKES EFFECT

The wage increase and related employment provisions become legally binding on 1 March 2026. From that date, employers must ensure domestic workers are paid at least R30.23 per ordinary hour worked, and follow the relevant employment standards set out in national labour legislation.

CONTEXT OF THE UPDATE

The national minimum wage is reviewed regularly by the government. The law covering domestic workers was updated in part by extending general minimum wage structures to this sector, aligning domestic work with broader labour standards that already apply to other categories of workers. The updated wage rate is one part of a set of labour regulations that include provisions on hours, leave and insurance contributions.

04/02/2026

The South Gauteng High Court in Johannesburg has dismissed a Rule 43 application brought by a woman seeking interim spousal maintenance, child maintenance, and a contribution toward legal costs pending the finalisation of her divorce

Read on https://tinyurl.com/5csxt94k

29/01/2026

A fierce inheritance battle has broken out between two siblings after their late mother left her estate solely to her son, with the daughter contesting the will on grounds of her mother’s alleged lack of mental capacity.

Read on https://tinyurl.com/nhfz7y9

28/01/2026

Parental alienation occurs when one parent engages in behaviors, whether subtle or overt that manipulate a child into unjustifiably rejecting the other parent. This is more than just a "difficult divorce"; it is a form of psychological manipulation that can cause profound, long-term damage to the parent-child bond. From a legal standpoint, courts increasingly recognize these behaviors as a serious impediment to the "best interests of the child.

In the eyes of the law, every child has a fundamental right to a meaningful relationship with both parents, provided it is safe. While specific terminology varies by jurisdiction, many legal frameworks address alienation under broader custody and visitation statutes or through specific case law precedents. When a parent interferes with court-ordered parenting time or uses disparaging remarks to "gatekeep" the child, they may be found in contention of court. Legislations often empower judges to intervene through mandatory therapy, supervised visitation, or, in extreme cases, a transfer of primary custody to ensure the child’s emotional well-being.

The consequences of parental alienation are severe for all parties involved. For the child, the effects can include chronic anxiety, depression, and a distorted sense of reality that impacts their future relationships.

For the alienated parent, the experience is often described as "ambiguous loss", the grief of losing a child who is still alive. Legally, the consequences for the alienating parent can be significant; courts do not look kindly on those who weaponize children as pawns in litigation. Sanctions can range from financial penalties and "make-up" parenting time to losing significant decision-making authority.

In the case of B.P.M v J.L.M (1909/2024) [2025] ZALMPPHC 96, the court dealt with a mother who tried to turn her children against their father by bad-mouthing him and leaving him out of important decisions. The judge noticed the children weren't speaking for themselves; they were "parroting" their mother's words and felt forced to choose sides. The court warned that if this is left unaddressed, the children’s anger toward the other parent can become permanent. Essentially, the ruling confirms that courts must step in early to protect the child's mind before the damage becomes impossible to fix.

28/01/2026

A common misconception in family law is that the High Court, as the Upper Guardian of all minors, is always the quickest route to resolving parental disputes. However, the recent judgment in JHG v GWH and Another (7147/2024) [2025] ZAFSHC 133 offers an important reminder regarding the procedural boundaries of our legal system.

The Case at a Glance:

In this matter, a father approached the Free State High Court seeking an urgent order for contact during the festive season. However, the dispute was already pending before the Children’s Court. The High Court reaffirmed a critical principle: it will not step in to entertain matters that are already being dealt with by a specialized lower forum.

The judgment underscores the integrity of the Children’s Act 38 of 2005. This legislation was designed to create accessible, specialized forums like the Children’s Court to handle the complexities of parental rights and responsibilities. By declining to hear the application, the Court sent a clear message against "forum-shopping", the practice of jumping to a higher court in hopes of a faster or different outcome when a competent specialized court is already seized with the matter.

In essence, bypassing the Children’s Court not only leads to unnecessary legal costs and delays when the High Court strikes the matter off the roll, but it also undermines the judicial economy. The High Court’s role as Upper Guardian is a safety net for extraordinary circumstances; it is not a shortcut to bypass the legislative framework of the Children's Act.

22/01/2026

A Gauteng High Court in Pretoria has ordered an abusive husband to forfeit the family home in Eersterust and all benefits from the joint estate after a divorce ruling.

The woman told the court she had obtained four protection orders and described years of abuse, including sexual violence and assaults.

She said she later needed eye surgery after an alleged attack, and he was convicted and sentenced to five years in prison.

She also testified that she supported the household alone while he failed to pay agreed municipal bills, leaving a debt of about R400,000.

The judge ruled his conduct amounted to serious misconduct, and if he refuses to sign transfer papers, the Sheriff can sign on his behalf.

21/01/2026

The high court has denied a mother's urgent application to relocate her three children to Zimbabwe after their father's tragic su***de, ruling that such a move would not serve the children's best interests.

Read on https://tinyurl.com/2s828yr2

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Newlands
Pretoria
0081

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