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Bhe V Magistrate, Khayelitsha
''Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another'' was an important case in South African customary law. The case was heard in the Constitutional Court on 2 and 3 March 2004, with judgment handed down on 15 October. Chaskalson CJ, Langa DCJ, Madala J, Mokgoro J, Moseneke J, Ngcobo J, O'Regan J, Sachs J, Skweyiya J, Van Der Westhuizen J, and Yacoob J were the presiding judges. The court held that section 23 of the Black Administration Act, in applying the system of male primogeniture, was incompatible with sections 9 (equality) and 10 (dignity) of the South African Constitution. Facts The two main issues at hand were the question of the constitutional validity of section 23 of the Black Administration Act, and the constitutional validity of the principle of primogeniture in the context of the customary law of succession. In the matter of ''Bhe and Others v Magistrate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Invalidity
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, developmental, Intellectual disability, intellectual, mental disorder#Disability, mental, physical disability, physical, Sense, sensory, or a combination of multiple factors. Disabilities can be present from birth or can be acquired during a person's lifetime. Historically, disabilities have only been recognized based on a narrow set of criteria—however, disabilities are not binary and can be present in unique characteristics depending on the individual. A disability may be readily visible, or Invisible disability, invisible in nature. The United Nations Convention on the Rights of Persons with Disabilities defines disability as: Disabilities have been perceived differently throughout history, through a variety of different theoretical len ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gender Equality Case Law
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures use a gender binary, in which gender is divided into two categories, and people are considered part of one or the other (boys/men and girls/women);Kevin L. Nadal, ''The SAGE Encyclopedia of Psychology and Gender'' (2017, ), page 401: "Most cultures currently construct their societies based on the understanding of gender binary—the two gender categorizations (male and female). Such societies divide their population based on biological sex assigned to individuals at birth to begin the process of gender socialization." those who are outside these groups may fall under the umbrella term ''non-binary''. Some societies have specific genders besides "man" and "woman", such as the hijras of South Asia; these are often referred to as ''third gender ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Customary Case Law
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2005 In Case Law
5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. It has attained significance throughout history in part because typical humans have five digits on each hand. In mathematics 5 is the third smallest prime number, and the second super-prime. It is the first safe prime, the first good prime, the first balanced prime, and the first of three known Wilson primes. Five is the second Fermat prime and the third Mersenne prime exponent, as well as the third Catalan number, and the third Sophie Germain prime. Notably, 5 is equal to the sum of the ''only'' consecutive primes, 2 + 3, and is the only number that is part of more than one pair of twin primes, ( 3, 5) and (5, 7). It is also a sexy prime with the fifth prime number and first prime repunit, 11. Five is the third factorial prime, an alternating factorial, and an Eisenstein prime with no imaginary part and real part of the form 3p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa Cases
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2005 In South African Law
5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. It has attained significance throughout history in part because typical humans have five digits on each hand. In mathematics 5 is the third smallest prime number, and the second super-prime. It is the first safe prime, the first good prime, the first balanced prime, and the first of three known Wilson primes. Five is the second Fermat prime and the third Mersenne prime exponent, as well as the third Catalan number, and the third Sophie Germain prime. Notably, 5 is equal to the sum of the ''only'' consecutive primes, 2 + 3, and is the only number that is part of more than one pair of twin primes, ( 3, 5) and (5, 7). It is also a sexy prime with the fifth prime number and first prime repunit, 11. Five is the third factorial prime, an alternating factorial, and an Eisenstein prime with no imaginary part and real part of the form 3p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mmusi And Others V Ramantele And Another
''Mmusi and Others v Ramantele and Another'' is a 2012 case of the High Court of Botswana in which three sisters disputed their nephew's right to inherit the family home under customary inheritance laws that favoured male descendants. The court ruled that these laws were unconstitutional, asserting for the first time the right of Batswana women to inherit property. Background In 2012, Botswana's gender gap was below the global average. Considered an "example to the region", the country had been home to several of southern Africa's most powerful women, including a parliamentary speaker, an attorney general, and a judge, Unity Dow. However, it is also governed by a dual legal system consisting of the government's civil courts and traditional customary courts, the latter found primarily in rural areas. The customary courts had traditionally upheld the principle of "assumed male inheritance". The customary law in question, that of the Ngwaketse tribe, dictated that the family ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law In South Africa
South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules. Most African states follow a pluralistic form of law that includes customary law, religious laws, received law (such as common law or civil law) and state legislation. The South African Constitution recognizes traditional authority and customary law under Section 211. A ruling under '' Bhe v. Magistrate, Khayelitsha'' specified that customary law was "protected by and subject to the Constitution in its own right." Customary la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary Law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monogamous
Monogamy ( ) is a form of Dyad (sociology), dyadic Intimate relationship, relationship in which an individual has only one Significant other, partner during their lifetime. Alternately, only one partner at any one time (Monogamy#Serial monogamy, serial monogamy) — as compared to the various forms of non-monogamy (e.g., polygamy or polyamory). The term is also applied to the social behavior of some Animal, animals, referring to the state of having only one Mating, mate at any one time. A monogamous relationship can be sexual or Emotion, emotional, but it's usually both. Many modern relationships are monogamous. Terminology The word ''monogamy'' derives from the Ancient Greek, Greek μονός, ''monos'' ("alone"), and γάμος, ''gamos'' ("marriage").Cf. "Monogamy" in ''Britannica World Language Dictionary'', R.C. Preble (ed.), Oxford-London 1962, p. 1275:''1. The practice or principle of marrying only once. opp. to digamy now ''rare'' 2. The condition, rule or custom of bei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Customary Law
South African customary law refers to a usually uncodified legal system developed and practised by the indigenous communities of South Africa. Customary law has been defined as an established system of immemorial rules evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules. Most African states follow a pluralistic form of law that includes customary law, religious laws, received law (such as common law or civil law) and state legislation. The South African Constitution recognizes traditional authority and customary law under Section 211. A ruling under '' Bhe v. Magistrate, Khayelitsha'' specified that customary law was "protected by and subject to the Constitution in its own right." Customary la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
