South Africa Case Law

Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (CCT320/17)

Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (CCT320/17) [2019] ZACC 34; 2019 (11) BCLR 1321 (CC); 2020 (1) SA 1 (CC); 2020 (1) SACR 113 (CC) (18 September 2019)

Court

Constitutional Court

Case number

CCT 320/17

Judges

Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron

The Constitutional Court held that the common law defence of reasonable and moderate parental chastisement is inconsistent with the Constitution. The defence unjustifiably limits children’s rights to dignity and to be protected from all forms of violence under sections 10 and 12(1)(c). The Court found that any application of force by a parent to a child, even if moderate and reasonable, constitutes violence and assault. The paramountcy of the best interests of the child requires that children be protected from all forms of violence, and the availability of less restrictive, non-violent discip…

Source excerpt

• Reasonable And Moderate Chastisement
• Best Interests Of The Child
• Freedom Of Religion
• Assault
• Limitation Of Rights
• Parental Authority

Riekert v Sutherland High School and Others (2803/17)

Riekert v Sutherland High School and Others (2803/17) [2017] ZAGPPHC 177 (12 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

2803/17

Judge

J W Louw

The High Court granted an interim interdict ordering a public school to enroll a student for Grade 12, finding he was not bound by a transfer agreement made by his father.

• School Expulsion
• Interim Interdict
• Public Policy
• Parental Authority
• Contra Bonos Mores
• Interim-interdict

Bestuursraad van Laerskool Sentraal,Kakamas v Sersant van Kradenburg and Another (CA &R 52/07)

Bestuursraad van Laerskool Sentraal,Kakamas v Sersant van Kradenburg and Another (CA &R 52/07) [2008] ZANCHC 18 (4 April 2008)

Court

Northern Cape High Court, Kimberley

Case number

CA &R 52/07

Judges

Lacock R, Williams R

The High Court held that a non-custodial biological father of an extramarital child is not a “parent” liable for school fees under section 40(1) of the Schools Act.

• School Fees Liability
• Parental Authority
• Statutory Interpretation
• Maintenance Orders
• School-fees-liability
• Parental-authority