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South Africa Case Law

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Family And Children [2024] ZAGPJHC 461

M.M v M.A (109765/2023)

M.M v M.A (109765/2023) [2024] ZAGPJHC 461 (7 April 2024)

The High Court allowed a mother to relocate two minor children to France in July 2024, with detailed contact, travel, therapy, and information-sharing orders.

  • Relocation Of Minor Children
  • Best Interests Of Child
  • Shared Residency
  • Parental Contact
  • Children's Act
  • Freedom Of Movement
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Constitutional Law [2011] ZAECELLC 3

Nel v Clur (Nel) and Another (EL744/2011, ECD1177/2011)

Nel v Clur (Nel) and Another (EL744/2011, ECD1177/2011) [2011] ZAECELLC 3 (4 May 2011)

The court held that the applicant, as the father of the first respondent, did not have the legal standing to seek an order committing her to a treatment centre against her will, as she is an adult with full legal capacity to make decisions regarding her own welfare. The rule nisi and interdict granted were found to be final in nature, not temporary, and constituted serious violations of the respondents' constitutional rights, including freedom, dignity, privacy, and association. The court found that proper service of the application and order was not effected, and the respondents were not aff…

  • Bill Of Rights Limitation
  • Interdict
  • Freedom Of Movement
  • Freedom Of Association
  • Right To Dignity
  • Right To Privacy
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Constitutional Law [2003] ZAWCHC 75

Victoria & Alfred Waterfront (PTY) Ltd and Another v Police Commissioner of the Western Cape and Others (4543/03)

Victoria & Alfred Waterfront (PTY) Ltd and Another v Police Commissioner of the Western Cape and Others (4543/03) [2003] ZAWCHC 75; [2004] 1 All SA 579 (C); 2004 (5) BCLR 538 (C); 2004 (4) SA 444 (C) (23 December 2003)

The court refused to allow permanent exclusion from the Waterfront and instead granted a narrower interdict against unlawful harassment, assault, and interference.

  • Freedom Of Movement
  • Right To Exclude
  • Bill Of Rights Limitation
  • Property Owners Rights
  • Interdict
  • Indirect Discrimination
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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.