South Africa Case Law

Ndlhlovu v Head of Case Management Committee and Others (2024/00410)

Ndlhlovu v Head of Case Management Committee and Others (2024/00410) [2024] ZAGPJHC 919 (13 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/00410

Judge

Du Plessis

The court found that the applicant failed to provide sufficient evidence of harassment, intimidation, or unlawful discrimination by the respondents. The applicant's allegations regarding his classification as an immigrant and his parole status were not supported by documentary proof or affidavits confirming the unlawfulness of his detention or classification. The respondents' version, supported by official records and disciplinary findings, prevailed. The court ordered verification of the applicant's identity document and directed that, if confirmed as valid, his nationality be correctly refl…

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• Equality And Dignity
• Xenophobia And Nationality Discrimination
• Protection Of Harassment Act
• Intimidation Act
• Prisoner Rights
• Parole Procedure

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21)

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21) [2022] ZACC 33; 2023 (2) BCLR 117 (CC); 2022 BIP 518 (CC); [2022] HIPR 204 (CC) (21 September 2022)

Court

Constitutional Court

Case number

CCT 320/21

Judges

Kollapen, Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

The Constitutional Court held that the Copyright Act 98 of 1978, specifically sections 6 and 7 read with section 23, is unconstitutional to the extent that it requires copyright owner authorisation for the reproduction and adaptation of published literary works into accessible format copies for persons with visual and print disabilities. This requirement results in a scarcity of accessible works and constitutes unfair discrimination, infringing rights to equality, dignity, education, freedom of expression, and cultural participation. Section 13 of the Act, limited to reproduction, does not pr…

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• Copyright Act 1978
• Disability Rights
• Reading In Remedy
• Marrakesh Treaty
• Equality And Dignity
• Freedom Of Expression

V.J.V and Another v Minister of Social Development and Another (27706/2021)

V.J.V and Another v Minister of Social Development and Another (27706/2021) [2022] ZAGPPHC 114 (22 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

27706/2021

Judge

C Van Veenenendaal

The High Court held that section 40 of the Children's Act unjustifiably excluded permanent life partners from automatic parental recognition in artificial fertilisation cases.

• Children's Act
• Artificial Fertilisation
• Permanent Life Partnership
• Parental Responsibilities
• Equality And Dignity
• Reading In Remedy

Bwanya v Master of the High Court, Cape Town and Others (20357/18)

Bwanya v Master of the High Court, Cape Town and Others (20357/18) [2020] ZAWCHC 111; 2020 (12) BCLR 1446 (WCC); 2021 (1) SA 138 (WCC) (28 September 2020)

Court

Western Cape High Court, Cape Town

Case number

20357/18

Judge

PMagona

The court held that the Intestate Succession Act unfairly excluded surviving opposite-sex life partners with reciprocal support duties, but left the maintenance claim bound by precedent.

• Intestate Succession
• Maintenance Of Surviving Spouses
• Unfair Discrimination
• Reading In Remedy
• Equality And Dignity
• Stare Decisis

Mayelane v Ngwenyama and Another (CCT 57/12)

Mayelane v Ngwenyama and Another (CCT 57/12) [2013] ZACC 14; 2013 (4) SA 415 (CC); 2013 (8) BCLR 918 (CC) (30 May 2013)

Court

Constitutional Court

Case number

CCT 57/12

Judges

Froneman, Khampepe, Skweyiya, Moseneke, Cameron, Yacoob, Zondo, Jafta, Mogoeng, Nkabinde

The Constitutional Court held that, under Xitsonga customary law and the Recognition of Customary Marriages Act, the consent of the first wife is necessary for the validity of a subsequent customary marriage. The Court found that neither the Recognition Act nor Xitsonga custom, as previously interpreted, expressly required such consent, but constitutional principles of equality and dignity demand its inclusion. The Court developed Xitsonga customary law to require the first wife's consent for the validity of further customary marriages, aligning customary law with constitutional values. The o…

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• Recognition Of Customary Marriages Act
• Customary Law Development
• Equality And Dignity
• Validity Of Polygynous Marriages
• Consent Requirement
• Gender Discrimination

Petersen v Maintenance Officer and Others (6541/03)

Petersen v Maintenance Officer and Others (6541/03) [2003] ZAWCHC 61; [2004] 1 All SA 117 (C); 2004 (2) BCLR 205 (C); 2004 (2) SA 56 (C) (11 November 2003)

Court

Western Cape High Court, Cape Town

Case number

6541/03

Judge

P.B. Fourie

The common law rule, as interpreted in Motan, which denies a duty of support by paternal grandparents to extra-marital children, constitutes unfair discrimination on the ground of birth and infringes the dignity of such children. This differentiation is not justified under section 36 of the Constitution, as it is unreasonable and unjustifiable in an open and democratic society based on human dignity, equality, and freedom. The court found that the best interests of the child, as well as the rights to equality and dignity, require that the common law be developed to impose a duty of support on…

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• Duty Of Support
• Discrimination On Ground Of Birth
• Best Interests Of Child
• Development Of Common Law
• Maintenance Act
• Equality And Dignity