South Africa Case Law

J.J and Others v Minister of Home Affairs and Another (3626/2024)

J.J and Others v Minister of Home Affairs and Another (3626/2024) [2024] ZAFSHC 286 (12 September 2024)

Court

Free State High Court, Bloemfontein

Case number

3626/2024

Judge

Mhlambi

The court found that section 26(1)(a)-(c) of the Births and Deaths Registration Act 51 of 1992 and Regulation 18(2)(a) of the Regulations on the Registration of Births and Deaths, 2014, discriminate on the basis of gender by failing to afford male spouses the right to assume the surname of their female spouse upon marriage. This statutory and regulatory framework entrenches patriarchal norms and violates the constitutional right to equality and dignity. The limitation imposed does not meet the rational connection and proportionality tests and is not justifiable under the limitation clause. Th…

Source excerpt

• Gender Discrimination
• Surname Change
• Births And Deaths Registration Act
• Marital Status
• Equality Clause

Sarah v Mohononi and Others (22258/2015)

Sarah v Mohononi and Others (22258/2015) [2022] ZAGPPHC 747 (4 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

22258/2015

Judge

Phooko

The court found that a valid customary marriage existed between the Applicant and the First Respondent, as evidenced by the letter from the headman, lobolo payment, and lack of dispute from the Respondents. The subsequent civil marriage between the First and Second Respondent was entered into during the subsistence of the customary marriage and without the Applicant's knowledge or consent. The Recognition of Customary Marriages Act prohibits a spouse in a customary marriage from entering into a civil marriage while the customary marriage subsists, and only a court may dissolve a customary mar…

Source excerpt

• Customary Marriage
• Recognition Of Customary Marriages Act
• Civil Marriage Nullity
• Registration Of Customary Marriage
• Marital Status
• Dissolution Of Marriage

Chali and Other v Rasello and Others (683/2011)

Chali and Other v Rasello and Others (683/2011) [2011] ZAFSHC 190 (24 November 2011)

Court

Free State High Court, Bloemfontein

Case number

683/2011

Judge

M.H. Rampai

The Free State High Court refused leave to appeal against a ruling declaring an alleged customary marriage null and void, finding no reasonable prospects of success.

• Customary Marriage
• Marital Status
• Leave To Appeal
• Burden Of Proof
• Leave-to-appeal
• Customary-marriage