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Christian Lawyers Association V Minister Of Health
''Christian Lawyers Association v Minister of Health'' is a case in which the Transvaal Provincial Division of the High Court of South Africa ruled on the constitutionality of the Choice on Termination of Pregnancy Act, the law which governs abortion in South Africa. The Christian Lawyers Association claimed that abortion violates section 11 of the Constitution, which provides that "Everyone has the right to life." The government noted an exception (a demurrer) on the grounds that constitutional rights do not apply to fetuses and that there was therefore no case to answer. The court accepted the government's argument and the case was dismissed. References * Abortion case law Abortion in South Africa Gauteng Division cases South African persons case law 1998 in South African law 1998 in case law {{SouthAfrica-case-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transvaal Provincial Division
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became the Transvaal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Choice On Termination Of Pregnancy Act
The Choice on Termination of Pregnancy Act, 1996 (Act No. 92 of 1996) is the law governing abortion in South Africa. It allows abortion on demand up to the twelfth week of pregnancy, under broadly specified circumstances from the thirteenth to the twentieth week, and only for serious medical reasons after the twentieth week. The Act has been described by the Guttmacher Institute as "one of the most liberal abortion laws in the world". History Before the enactment of the Choice on Termination of Pregnancy Act, abortion was governed by the Abortion and Sterilization Act, 1975, which only allowed abortions when the woman's mental or physical health was seriously threatened, there was a likelihood that the child would be born with a severe handicap, or the pregnancy was the result of rape or incest. It required the approval of two doctors independent of the one performing the abortion, and in some cases also of a psychiatrist or a magistrate. The Choice on Termination of Pregnancy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abortion In South Africa
Abortion in South Africa is legal on request during the first 12 weeks of pregnancy, and under certain conditions afterwards. Abortion is provided free at government hospitals and a tele-medical or 'pills by post' service is provided bMarie Stopes South AfricaanWomen on Web International Foundation partnered with Abortion Support South Africa. Abortion was legal only under very limited circumstances until 1 February 1997, when the Choice on Termination of Pregnancy Act (Act 92 of 1996) came into force, providing elective abortion for a variety of cases. History The Abortion and Sterilization Act, 1975 (Act No.2 of 1975) legalized abortion under certain circumstances. Legal position In South Africa, a woman of any age can get an abortion on request with no reasons given if she is less than 12 weeks pregnant. If she is between 13 and 20 weeks pregnant, she can get the abortion if (a) her own physical or mental health is at stake, (b) the baby will have severe mental or physical ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Eleven Of The Constitution Of South Africa
Section Eleven of the Constitution of South Africa, part of the Bill of Rights, guarantees the right to life. This section has been interpreted to prohibit the death penalty, but not to prohibit abortion. It also has important implications for euthanasia, self-defence, the use of force by law enforcement, and the provision of life-saving healthcare. Under the heading "Life", the section states, in full, "''Everyone has the right to life.''" Unlike the right to life in many other human rights instruments, this section is unqualified; it does not make an exception for the death penalty, but neither does it explicitly state that the death penalty is forbidden. Death penalty One of the first decisions by the Constitutional Court was the 1995 case of ''S v Makwanyane'', in which the court addressed the constitutionality of the death penalty. The principal judgment, by President of the Court Arthur Chaskalson, found the death penalty to be unconstitutional not because it violated the ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abortion Case Law
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregnancies. When deliberate steps are taken to end a pregnancy, it is called an induced abortion, or less frequently "induced miscarriage". The unmodified word ''abortion'' generally refers to an induced abortion. The reasons why women have abortions are diverse and vary across the world. Reasons include maternal health, an inability to afford a child, domestic violence, lack of support, feeling they are too young, wishing to complete education or advance a career, and not being able or willing to raise a child conceived as a result of rape or incest. When properly done, induced abortion is one of the safest procedures in medicine. In the United States, the risk of maternal mortality is 14 times lower after induced abortion than after chi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abortion In South Africa
Abortion in South Africa is legal on request during the first 12 weeks of pregnancy, and under certain conditions afterwards. Abortion is provided free at government hospitals and a tele-medical or 'pills by post' service is provided bMarie Stopes South AfricaanWomen on Web International Foundation partnered with Abortion Support South Africa. Abortion was legal only under very limited circumstances until 1 February 1997, when the Choice on Termination of Pregnancy Act (Act 92 of 1996) came into force, providing elective abortion for a variety of cases. History The Abortion and Sterilization Act, 1975 (Act No.2 of 1975) legalized abortion under certain circumstances. Legal position In South Africa, a woman of any age can get an abortion on request with no reasons given if she is less than 12 weeks pregnant. If she is between 13 and 20 weeks pregnant, she can get the abortion if (a) her own physical or mental health is at stake, (b) the baby will have severe mental or physical ab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gauteng Division Cases
Gauteng ( ) is one of the nine provinces of South Africa. The name in Sotho-Tswana languages means 'place of gold'. Situated on the Highveld, Gauteng is the smallest province by land area in South Africa. Although Gauteng accounts for only 1.5% of the country's land area, it is home to more than a quarter of its population (26%). Highly urbanised, the province contains the country's largest city, Johannesburg, which is also one of the largest cities in the world. Gauteng is the wealthiest province in South Africa and is considered as the financial hub of not only South Africa but the entire African continent, mostly concentrated in Johannesburg. It also contains the administrative capital, Pretoria, and other large areas such as Midrand, Vanderbijlpark, Ekurhuleni and the affluent Sandton. Gauteng is the most populous province in South Africa with a population of approximately 16.1 million people according to mid year 2022 estimates. Etymology The name ''Gauteng'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Persons 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 sid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1998 In South African Law
1998 was designated as the ''International Year of the Ocean''. Events January * January 6 – The ''Lunar Prospector'' spacecraft is launched into orbit around the Moon, and later finds evidence for frozen water, in soil in permanently shadowed craters near the Moon's poles. * January 11 – Over 100 people are killed in the Sidi-Hamed massacre in Algeria. * January 12 – Nineteen European nations agree to forbid human cloning. * January 17 – The ''Drudge Report'' breaks the story about U.S. President Bill Clinton's alleged affair with Monica Lewinsky, which will lead to the House of Representatives' impeachment of him. February * February 3 – Cavalese cable car disaster: A United States military pilot causes the deaths of 20 people near Trento, Italy, when his low-flying EA-6B Prowler severs the cable of a cable-car. * February 4 – The 5.9 Afghanistan earthquake shakes the Takhar Province with a maximum Mercalli intensity of VII (''Very strong''). With up to 4, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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