South Africa Case Law

Voice of the Unborn Baby and Another v Minister of Home Affairs and Another (CCT 120/21)

Voice of the Unborn Baby and Another v Minister of Home Affairs and Another (CCT 120/21) [2022] ZACC 20; 2024 (6) BCLR 827 (CC) (15 June 2022)

Court

Constitutional Court

Case number

CCT 120/21

Judges

Madlanga, Madondo, Majiedt, Mhlantla, Rogers, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that BADRA does not prohibit burial of pre-viable foetal remains, so the High Court’s invalidity order was not confirmed.

• Births And Deaths Registration Act
• Burial Rights
• Constitutional Invalidity
• Bill Of Rights Limitation
• Religious Freedom
• Bodily Integrity

Voice of the Unborn Baby NPC and Another v Minister of Home Affairs and Others (16402/17)

Voice of the Unborn Baby NPC and Another v Minister of Home Affairs and Others (16402/17) [2021] ZAGPPHC 161; 2021 (4) SA 307 (GP) (26 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

16402/17

Judge

MNGQIBISA-THUSI

The court found that the impugned provisions of BADRA and Regulation 1 unconstitutionally exclude bereaved parents from burying fetal remains in cases of pregnancy loss other than stillbirth, infringing their rights to dignity, privacy, religion, and equality. The differentiation based on viability was not rationally connected to a legitimate government purpose, as the emotional impact of pregnancy loss is similar regardless of gestational age. The court held that the denial of burial rights is insensitive and disrespectful to bereaved parents and that the law should accommodate those who wis…

Source excerpt

• Right To Burial
• Dignity
• Equality
• Privacy
• Religious Freedom
• Constitutional Invalidity

Singh v Ramparsad (KZN564/2002)

Singh v Ramparsad (KZN564/2002) [2007] ZAKZHC 1; 2007 (3) SA 445 (D) (22 January 2007)

Court

High Courts - Kwazulu Natal

Case number

KZN564/2002

Judge

C.N. Patel

The High Court held that an unregistered Hindu religious marriage was not legally valid under the Marriage Act and dismissed constitutional challenges.

• Marriage Act Interpretation
• Customary Marriage Recognition
• Equality Clause
• Human Dignity
• Religious Freedom
• Maintenance Claim