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South Africa Case Law

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Family And Children [2024] ZASCA 22

Queen Sibongile Winnifred Zulu v Queen Buhle Mathe and Others (1062/2022)

Queen Sibongile Winnifred Zulu v Queen Buhle Mathe and Others (1062/2022) [2024] ZASCA 22 (8 March 2024)

Court
Supreme Court of Appeal
Case number
1062/2022
Judges
Makgoka, Mbatha, Musi

The Supreme Court of Appeal held that the High Court properly exercised its discretion in refusing to grant the declaratory relief sought by the appellant Queen. The validity and proprietary consequences of the civil marriage between the appellant Queen and the late Isilo were admitted by all parties, and there was no live dispute requiring determination. The effect of a civil marriage on customary marriages is determined by operation of law and does not require a declaratory order. The appellant Queen did not challenge the validity of the customary marriages, and no tangible or justifiable a…

Source excerpt

  • Declaratory Relief
  • Marriage Act
  • Recognition Of Customary Marriages Act
  • Administration Of Deceased Estates
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Administrative Law [2017] ZAWCHC 90

KOS and Others v Minister of Home Affairs and Others (2298/2017)

KOS and Others v Minister of Home Affairs and Others (2298/2017) [2017] ZAWCHC 90; [2017] 4 All SA 468 (WCC); 2017 (6) SA 588 (WCC) (6 September 2017)

Court
Western Cape High Court, Cape Town
Case number
2298/2017
Judge
Binns-Ward

The court held that the Department of Home Affairs' refusal to process applications for alteration of sex description under the Alteration Act for persons married under the Marriage Act was unlawful and unconstitutional. The Alteration Act does not require divorce or deregistration of marriages as a precondition for relief, and the Department's conduct infringed the applicants' rights to administrative justice, equality, and dignity. The legislative framework does not contain a lacuna preventing relief; the Department's reliance on public or religious sensitivities and alleged data system lim…

Source excerpt

  • Alteration Of Sex Description Act
  • Marriage Act
  • Civil Union Act
  • Administrative Justice
  • Equality And Non Discrimination
  • Identity Documents
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Constitutional Law [2005] ZACC 19

Minister of Home Affairs and Another v Fourie and Another (CCT 60/04)

Minister of Home Affairs and Another v Fourie and Another (CCT 60/04) [2005] ZACC 19; 2006 (3) BCLR 355 (CC); 2006 (1) SA 524 (CC) (1 December 2005)

Court
Constitutional Court
Case number
CCT 60/04
Judges
Sachs, Langa, Moseneke, Mokgoro, Ngcobo, Skweyiya, Van der Westhuizen, Yacoob, O'Regan

The Constitutional Court held that the exclusion of same-sex couples from marriage under the common law and Marriage Act constitutes unfair discrimination and denial of equal protection and dignity under sections 9(1), 9(3), and 10 of the Constitution. The Court found that the under-inclusiveness of the law is not justified by arguments based on procreation, religious doctrine, international law, or family law pluralism. The Court declared the common law definition of marriage and section 30(1) of the Marriage Act invalid to the extent that they do not allow same-sex couples to marry. However…

Source excerpt

  • Bill Of Rights Limitation
  • Unfair Discrimination
  • Marriage Act
  • Sexual Orientation
  • Reading In Remedy
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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.