South Africa Case Law

Mcunu and Others v Master of the High Court Gauteng Division, Johannesburg and Others (2023/053319)

Mcunu and Others v Master of the High Court Gauteng Division, Johannesburg and Others (2023/053319) [2024] ZAGPJHC 1200 (14 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/053319

Judge

Windell

The court held that “my children” in the testator’s will included a non-biological daughter raised as his child, granting declaratory relief.

• Interpretation Of Wills
• Freedom Of Testation
• Succession
• Declaratory Relief
• Rights Of Children
• Interpretation-of-wills

Munyai and Another v Director General of Home Affairs and Another

Munyai and Another v Director General of Home Affairs and Another [2023] ZAGPPHC 267; 2024 (2) SA 635 (GP) (6 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022-007052

Judge

WJ Du Plessis

The High Court ordered Home Affairs to register a child’s birth and father’s details without insisting on a paternity test, finding the demand unjustified and harmful to the child.

• Birth Registration
• Rights Of Children
• Departmental Circulars
• Best Interests Of Child
• Birth-registration
• Children-rights

De Vos N.O and Another v Minister of Justice And Constitutional Development and Others; InRe: Snyders and Another v minister of Justice And Constitutional Development and Others (4502/10, 5825/14)

De Vos N.O and Another v Minister of Justice And Constitutional Development and Others; InRe: Snyders and Another v minister of Justice And Constitutional Development and Others (4502/10, 5825/14) [2014] ZAWCHC 135; 2015 (1) SACR 18 (WCC); [2014] 4 All SA 374 (WCC) (5 September 2014)

Court

Western Cape High Court, Cape Town

Case number

4502/10, 5825/14

Judge

Griesel

Section 77(6)(a)(i) and (ii) of the Criminal Procedure Act, 51 of 1977, are unconstitutional because they mandate automatic and indefinite detention of accused persons found unfit to stand trial due to mental illness or defect, without affording judicial discretion or considering individual circumstances. This results in arbitrary deprivation of liberty, contrary to section 12(1)(a) of the Constitution, and unfair discrimination against children and persons with disabilities. The impugned provisions fail to provide for individualized justice, do not require an assessment of danger to society…

Source excerpt

• Deprivation Of Liberty
• Judicial Discretion
• Rights Of Children
• Mental Health Legislation
• Constitutional Invalidity
• Limitation Of Rights

Lekolwane and Another v Minister of Justice (CCT47/05)

Lekolwane and Another v Minister of Justice (CCT47/05) [2006] ZACC 19; 2007 (3) BCLR 280 (CC) (23 November 2006)

Court

Constitutional Court

Case number

CCT 47/05

Judges

Langa, Moseneke, Kondile, Madala, Mokgoro, Nkabinde, O'Regan, Sachs, Van der Westhuizen, Van Heerden, Yacoob

The Constitutional Court held that the applicants had failed to show good cause for condonation and postponement. Despite being given more than sufficient time and a final postponement, the applicants and their legal representatives did not treat the matter with urgency and failed to prepare adequately. The Court found that granting another postponement would constitute an abuse of process and would not be in the interests of justice. The application for condonation and postponement was dismissed, and as counsel for the applicants was unable to proceed, the application for leave to appeal was…

Source excerpt

• Postponement
• Condonation
• Leave To Appeal
• Unfair Discrimination
• Rights Of Children