South Africa Case Law

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…

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

Centre for Child Law v Governing Body of Hoerskool Fochville and Another ; InRe: Governing Body of Hoerskool Fochville and Another v Centre for Child Law (2011/46091)

Centre for Child Law v Governing Body of Hoerskool Fochville and Another ; InRe: Governing Body of Hoerskool Fochville and Another v Centre for Child Law (2011/46091) [2014] ZAGPJHC 187; [2014] 4 All SA 196 (GJ) (24 July 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2011/46091

Judge

Roland Sutherland

The High Court granted leave to appeal after finding that settlement of the main dispute rendered the interlocutory orders moot, but broader issues of principle still warranted appellate consideration.

• Intervention Procedure
• Public Interest Litigation
• Costs In Constitutional Matters
• Rule 35 Discovery
• Childrens Rights
• Amicus Curiae Evidence

Investec Bank Limited and Another v Mutemeri and Another (O9/22247)

Investec Bank Limited and Another v Mutemeri and Another (O9/22247) [2009] ZAGPJHC 64; 2010 (1) SA 265 (GSJ) (25 September 2009)

Court

South Gauteng High Court, Johannesburg

Case number

O9/22247

Judge

W H Trengove

The court held that an application for sequestration is not an application for enforcement of a credit agreement within the meaning of section 130(1) of the National Credit Act. The purpose of sequestration is to declare a debtor insolvent and to vest the estate in the Master, not to obtain a judgment for payment. The respondents' own admissions regarding their assets and liabilities, made under oath in their debt review application, were sufficiently credible to establish prima facie advantage to creditors as required by section 10(c) of the Insolvency Act. The Debt Counsellor's statutory ro…

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• National Credit Act
• Sequestration
• Advantage To Creditors
• Debt Review
• Intervention Procedure

Beukes and Bekker: Re Farm Grootte Springfontein (LCC17/96)

Beukes and Bekker: Re Farm Grootte Springfontein (LCC17/96) [1997] ZALCC 3 (24 July 1997)

Court

Land Claims Court

Case number

17/96

Judges

Y S Meer, A Gildenhuys

The Surplus Peoples Project's application to be admitted as amicus curiae was refused because it failed to advance submissions different from those of the parties, a crucial requirement under Rule 14(2)(b)(iii). The role of an amicus is to provide the court with perspectives or expertise not otherwise available from the parties. The Atlantis Reconstruction and Development Forum's application for leave to intervene was refused because it did not demonstrate a direct and substantial interest in the subject matter of the litigation, as required by Rule 13 and s 29(1) of the Restitution of Land R…

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• Restitution Of Land Rights Act
• Intervention Procedure
• Amicus Curiae Admission
• Direct And Substantial Interest
• Constitutional Interpretation