South Africa Case Law

Centre for Child Law v Director- General:Department of Home Affairs and Others (CA 319/2018)

Centre for Child Law v Director- General:Department of Home Affairs and Others (CA 319/2018) [2020] ZAECGHC 43; 2020 (8) BCLR 1015 (ECG); [2020] 4 All SA 76 (ECG); 2020 (6) SA 199 (ECG) (19 May 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 319/2018

Judges

Rugunanan, Revelas, S X Mapoma

The court held that section 10 of the Births and Deaths Registration Act unconstitutionally barred unmarried fathers from registering a child's birth under the father's surname without the mother.

• Birth Registration
• Discrimination On Marital Status
• Best Interests Of Child
• Reading In Remedy
• Statutory Interpretation
• Constitutional Invalidity

Ramuhovhi and Others v President of the Republic of South Africa and Others (CCT194/16)

Ramuhovhi and Others v President of the Republic of South Africa and Others (CCT194/16) [2017] ZACC 41; 2018 (2) BCLR 217 (CC); 2018 (2) SA 1 (CC) (30 November 2017)

Court

Constitutional Court

Case number

CCT 194/16

Judges

Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Mojapelo AJ, Pretorius AJ, Zondo J

Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998, as applied to pre-Act polygamous customary marriages, is unconstitutional because it perpetuates unfair discrimination against women on the grounds of gender and marital status, denying them ownership and control over marital property and violating their rights to equality and dignity. The Court confirmed the High Court's declaration of invalidity, suspended the order for 24 months to allow Parliament to remedy the defect, and provided interim relief granting wives and husbands joint and equal ownership and management rig…

Source excerpt

• Recognition Of Customary Marriages Act
• Gender Equality
• Retrospective Invalidity
• Matrimonial Property Regimes
• Discrimination On Marital Status
• Intervention Procedure