South Africa Case Law

Centre for Child Law v Director General: Department of Home Affairs and Others (CCT 101/20)

Centre for Child Law v Director General: Department of Home Affairs and Others (CCT 101/20) [2021] ZACC 31; 2022 (2) SA 131 (CC); 2022 (4) BCLR 478 (CC) (22 September 2021)

Court

Constitutional Court

Case number

CCT 101/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

Section 10 of the Births and Deaths Registration Act creates a bifurcated procedure for birth registration that unfairly discriminates against unmarried fathers and children born out of wedlock. The section restricts the ability of unmarried fathers to register their child's birth under their surname without the mother's consent or presence, thereby infringing the constitutional rights to equality, dignity, and the best interests of the child. The Court found no legitimate government purpose for this discrimination, and the respondents themselves conceded the lack of justification. The retent…

Source excerpt

• Unfair Discrimination
• Best Interests Of Child
• Birth Registration
• Surname Assignment
• Marital Status Equality
• Dignity Rights

Marwana v Minister of Police (3067/2010)

Marwana v Minister of Police (3067/2010) [2012] ZAECPEHC 56 (28 August 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3067/2010

Judge

PW Tshiki

The court held that the plaintiff was unlawfully arrested, detained, assaulted, and had her home entered without consent, awarding damages on each claim.

• Unlawful Arrest
• Unlawful Detention
• Wrongful Assault
• Unauthorised Entry
• Dignity Rights
• Damages Quantification

Le Roux and Others v Dey (44/2009)

Le Roux and Others v Dey (44/2009) [2010] ZASCA 41; 2010 (4) SA 210 (SCA) ; [2010] 3 All SA 497 (SCA) (30 March 2010)

Court

Supreme Court of Appeal

Case number

44/2009

Judges

Harms, Mlambo, Malan, Griesel, Majiedt

Schoolboys circulated an altered photo mocking a vice principal. The SCA held it defamatory, found intent to ridicule, kept the damages award, and adjusted costs.

• Defamation
• Actio Iniuriarum
• Animus Iniuriandi
• Quantum Of Damages
• Wrongfulness
• Dignity Rights

S v Mostert (AR 842/03)

S v Mostert (AR 842/03) [2005] ZAKZHC 27; [2006] 4 All SA 83 (N); 2006 (1) SACR 560 (N) (8 March 2005)

Court

High Courts - Kwazulu Natal

Case number

AR 842/03

Judges

Theron, Van der Reyden

The High Court held that the appellant was guilty of crimen injuria but not common assault, finding obedience to orders negated assault intent.

• Common Assault
• Crimen Injuria
• Obedience To Orders
• Mens Rea
• Dignity Rights
• Obedience-to-orders