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South Africa Case Law

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Constitutional Law [2024] ZAEQC 2

Amaning and Others v Ackerman (EQ3/2023)

Amaning and Others v Ackerman (EQ3/2023) [2024] ZAEQC 2 (10 May 2024)

Court
Equality Court
Case number
EQ3/2023
Judge
GC Wright

The court found that the respondent, Mr Ackerman, used the k word in communications with Mr Wellman on three occasions. These communications, though not widely disseminated, were not within the intimate personal sphere and were sufficiently public to constitute 'communication' under section 10(1) of the Equality Act. The court rejected the respondent's argument that the communications were private and thus protected, holding that the context—a business relationship between two associates—did not attract the highest degree of privacy. The court relied on the purposive interpretation of section…

Source excerpt

  • Hate Speech
  • Unlawful Discrimination
  • Harassment
  • Promotion Of Equality And Prevention Of Unfair Discrimination Act
  • Right To Dignity
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Family And Children [2023] ZAECQBHC 1

U.J.D.J and Another v Minister of Home Affairs and Another (1986/2021)

U.J.D.J and Another v Minister of Home Affairs and Another (1986/2021) [2023] ZAECQBHC 1; 2023 (4) SA 279 (ECGq) (10 January 2023)

Court
Eastern Cape High Court, Gqeberha
Case number
1986/2021
Judge
M.S. Jolwana

The court found that Regulation 12(2)(c) of the Births and Deaths Registration Act is unconstitutional and invalid to the extent that it discriminates against children whose unmarried fathers are not legally present in South Africa. The regulation irrationally links the father's legal status to the child's right to have his parentage recorded, which unjustifiably infringes the child's constitutional rights to dignity, equality, and identity. The court held that the issue was neither moot nor not ripe, as the respondents' concession did not address the underlying constitutional defect, and sim…

Source excerpt

  • Birth Certificate Amendment
  • Unlawful Discrimination
  • Best Interests Of Child
  • Regulation 12 2 C Constitutionality
  • Children S Act
  • Separation Of Powers
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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.