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Kunjana v Minister of Police and Others (9073/2015) [2015] ZAWCHC 198 (3 December 2015)
The court declared sections 11(1)(a) and (g) of the Drugs and Drug Trafficking Act invalid for permitting warrantless searches and seizures, with no retrospective effect.
Bhe and Others v Magistrate, Khayelitsha and Others (9489/02) [2003] ZAWCHC 49; 2004 (1) BCLR 27 (C); 2004 (2) SA 544 (C) (25 September 2003)
The court held that the principle of primogeniture, as applied under African Customary Law and enforced by the Black Administration Act and its regulations, constitutes unfair discrimination on the grounds of race and gender, violating section 9 of the Constitution. The exclusion of female descendants from intestate succession cannot withstand constitutional scrutiny. The relevant provisions of the Black Administration Act, its regulations, and section 1(4)(b) of the Intestate Succession Act are declared unconstitutional and invalid to the extent that they exclude female and Black descendants…
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