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South Africa decisions
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KB & Another v Minister of Social Development (462/23) [2024] ZASCA 54; 2024 (5) SA 30 (SCA) (19 April 2024)
The Supreme Court of Appeal held that section 294 of the Children’s Act is constitutionally valid and dismissed an appeal about a genetically linked sibling in surrogacy.
Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21) [2022] ZACC 33; 2023 (2) BCLR 117 (CC); 2022 BIP 518 (CC); [2022] HIPR 204 (CC) (21 September 2022)
The Constitutional Court held that the Copyright Act 98 of 1978, specifically sections 6 and 7 read with section 23, is unconstitutional to the extent that it requires copyright owner authorisation for the reproduction and adaptation of published literary works into accessible format copies for persons with visual and print disabilities. This requirement results in a scarcity of accessible works and constitutes unfair discrimination, infringing rights to equality, dignity, education, freedom of expression, and cultural participation. Section 13 of the Act, limited to reproduction, does not pr…
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T.R and Others v Minister of Home Affairs and Others; R.W.A and Others v Minister of Home Affairs and Others (3919/20;12667/20) [2022] ZAWCHC 115; [2022] 3 All SA 918 (WCC); 2022 (5) SA 534 (WCC) (7 June 2022)
The court found that the Immigration Act and related regulations, to the extent that they require foreign parents who were holders of spousal visas to leave South Africa and cease working upon termination of their spousal relationships, unjustifiably limit the constitutional rights to dignity and parental care of both the parents and their South African children. The legislative scheme fails to give effect to the best interests of the child, as required by the Constitution and international instruments. The court held that the respondents did not demonstrate that the limitations imposed are r…
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V.J.V and Another v Minister of Social Development and Another (27706/2021) [2022] ZAGPPHC 114 (22 February 2022)
The High Court held that section 40 of the Children's Act unjustifiably excluded permanent life partners from automatic parental recognition in artificial fertilisation cases.
Blind SA v Ministry of Trade, Industry and Competition and Others (14996/21) [2021] ZAGPPHC 871; 2021 BIP 14 (GP) (7 December 2021)
The High Court declared the Copyright Act unconstitutional insofar as it failed to allow accessible-format copies for blind and print-disabled persons.
Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Services and Others (88359/2019) [2021] ZAGPPHC 779; 2022 (2) SA 485 (GP); 84 SATC 153 (16 November 2021)
The High Court held that blanket taxpayer secrecy rules unjustifiably limit access to information and ordered a public-interest override for tax records.
Bwanya v Master of the High Court, Cape Town and Others (20357/18) [2020] ZAWCHC 111; 2020 (12) BCLR 1446 (WCC); 2021 (1) SA 138 (WCC) (28 September 2020)
The court held that the Intestate Succession Act unfairly excluded surviving opposite-sex life partners with reciprocal support duties, but left the maintenance claim bound by precedent.
Residents of Industry House, 5 Davies Street, New Doornfontein, Johannesburg and Others v Minister of Police and Others (18205/2018) [2020] ZAGPJHC 146; [2020] 3 All SA 902 (GJ); 2021 (1) SACR 66 (GJ); 2021 (2) SA 220 (GJ) (29 June 2020)
Section 13(7)(c) of the SAPS Act is constitutionally invalid to the extent that it permits warrantless searches of private homes and persons inside them within cordoned-off areas, as this constitutes a disproportionate and overbroad limitation of the right to privacy protected by section 14 of the Constitution. The provision fails the section 36 limitation test due to its lack of safeguards, overbreadth, and failure to guide police conduct. The declaration of invalidity is suspended for 24 months to allow the legislature to cure the defect, with interim relief reading in the requirements of s…
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Centre for Child Law v Director- General:Department of Home Affairs and Others (CA 319/2018) [2020] ZAECGHC 43; 2020 (8) BCLR 1015 (ECG); [2020] 4 All SA 76 (ECG); 2020 (6) SA 199 (ECG) (19 May 2020)
The court held that section 10 of the Births and Deaths Registration Act unconstitutionally barred unmarried fathers from registering a child's birth under the father's surname without the mother.
Holomisa v Holomisa and Another (CCT146/17) [2018] ZACC 40; 2019 (2) BCLR 247 (CC) (23 October 2018)
The Constitutional Court held that section 7(3) of the Divorce Act unfairly excluded certain Transkei marriages from redistribution relief on divorce.
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