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South Africa Case Law

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Constitutional Law [2014] ZASCA 107

Minister of Police v Mboweni and Another (657/2013)

Minister of Police v Mboweni and Another (657/2013) [2014] ZASCA 107; 2014 (6) SA 256 (SCA); [2014] 4 All SA 452 (SCA) (5 September 2014)

Court
Supreme Court of Appeal
Case number
657/2013
Judges
Mpati, Bosielo, Wallis, Mbha, Schoeman

The Supreme Court of Appeal held that the High Court erred in granting judgment for constitutional damages without a proper factual foundation and without compliance with the requirements for a special case under Rule 33. The statement of facts did not set out the necessary details regarding the nature and extent of parental care allegedly lost, nor did it address whether the children were actually deprived of parental care as contemplated by section 28(1)(b) of the Constitution. The court emphasised that the right to family or parental care is expressed in the alternative, and the factual ci…

Source excerpt

  • Section 28 Rights
  • Constitutional Damages
  • Loss Of Parental Care
  • Special Case Procedure
  • Delictual Liability
  • Remedies For Rights Infringement
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Constitutional Law [2013] ZAGPPHC 201

V.S.M and Another v Minister of Police of the Government of the Republic of South Africa (68/2012)

V.S.M and Another v Minister of Police of the Government of the Republic of South Africa (68/2012) [2013] ZAGPPHC 201; 2013 (5) SA 622 (GNP) (3 July 2013)

Court
North Gauteng High Court, Pretoria
Case number
68/2012
Judge
S P Mothle

The court finds that the right to family care or parental care under section 28(1)(b) of the Constitution is a constitutional right deserving of protection and enforcement. The Children’s Act provides a broader definition of care, encompassing more than financial support. South African law recognises constitutional damages as appropriate relief for infringement of constitutional rights. The Plaintiffs are entitled to claim constitutional damages on behalf of the minor children for the unlawful deprivation of their father’s parental care due to the proven unlawful conduct of the Defendant’s em…

Source excerpt

  • Section 28 Childrens Rights
  • Constitutional Damages
  • Loss Of Parental Care
  • Appropriate Relief
  • Maintenance And Support
  • Children Act 38 Of 2005
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.