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South Africa Case Law

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Family And Children [2009] ZAGPPHC 50

Dreyer v Botha (4421/08)

Dreyer v Botha (4421/08) [2009] ZAGPPHC 50; 2009 (5) SA 479 (GNP) (14 May 2009)

Court
North Gauteng High Court, Pretoria
Case number
4421/08
Judge
Murphy

The court found that the privacy rights of a non-consenting adult may, within reasonable limits, yield to the demands of discovering the truth in the best interests of the administration of justice. The best interests of the child are paramount but must be balanced against the rights of unmarried fathers and the need for legal certainty in parental disputes. Statutory and common law presumptions regarding paternity are insufficient in cases where paternity is contested and the child was born in wedlock. The only reliable means to rebut the presumption and establish biological paternity is thr…

Source excerpt

  • Compulsory Dna Testing
  • Best Interests Of Child
  • Privacy Rights
  • Parental Responsibility
  • Children S Act
  • Common Law Presumption
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Land And Property [1987] ZASCA 129

Du Plessis NO v Strauss (402/1986)

Du Plessis NO v Strauss (402/1986) [1987] ZASCA 129; [1988] 4 All SA 115 (AD) (12 November 1987)

Court
Supreme Court of Appeal
Case number
402/1986
Judges
Corbett, Joubert, Van Heerden, Jacobs, Nicholas

The Supreme Court of Appeal held that, according to South African common law as derived from Roman-Dutch authorities, a sine liberis condition in a will, coupled with a conditional fideicommissum, creates a presumption that the testator intended to benefit the descendants of the fiduciary as fideicommissary beneficiaries, provided they are direct descendants. The Court rejected the argument that longstanding but incorrect lower court decisions should be followed for the sake of uniformity, finding no compelling reason to perpetuate an erroneous interpretation. The Court further held that the…

Source excerpt

  • Fideicommissum Tacitum
  • Sine Liberis Condition
  • Testamentary Intent
  • Succession
  • Common Law Presumption
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.