|
Daniels V Campbell
''Daniels v Campbell NO and Others'', an important case in South African family law and law of succession, was heard in the Constitutional Court on 6 November 2003 and decided on 11 March 2004. The court was unanimous that the constitutional right to equality requires that rights of intestate inheritance and maintenance must be extended to the surviving partners of ''de facto'' monogamous Muslim marriages, even though such marriages are not recognised under the Marriage Act, 1961. In dual opinions written by Justices Albie Sachs and Sandile Ngcobo, a majority of the court held that the Intestate Succession Act, 1987 and Maintenance of Surviving Spouses Act, 1990 must be read to extend such rights. A minority, comprising Justices Dikgang Moseneke and Tholie Madala, disagreed with this approach, arguing that the legislation refers to lawful marriages under the Marriage Act and that the legislation is therefore unconstitutional in its current form. The ambit of this j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Equality
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amod V MMVF
Amod may refer to: *Amod (SugandhPur), a town in the Bharuch district, Gujarat, India *Amod Field (born 1967), American football player * Sheraan Amod (b. 1985), a South African internet entrepreneur *Amod, Gujarat Amod is a town and capital of a ''taluka'' in Bharuch district, Gujarat, India. It is situated about a mile south of the Dhadhar River.. on the NH 228 road (the "Dandi heritage route") between Bharuch and Jambusar Jambusar is a town and ..., a town and capital of a taluka in Bharuch district, Gujarat, India * ''Amod'' (newspaper), a major weekly newspaper published in Bangladesh {{disambiguation, geo, surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...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] |
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] |
Cape Provincial Division
The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over the Western Cape province of South Africa (except for the Murraysburg district which falls within the jurisdiction of the Eastern Cape Division). The division, which sits at Cape Town, consists of 31 judges led by Judge President John Hlophe. History The origins of the Western Cape Division lie in the Supreme Court of the Colony of the Cape of Good Hope, which was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Upon the creation of the Union of South Africa in 1910, the Supreme Court of the Cape Colony was transformed by the South Africa Act 1909 into the Cape of Good Hope Provincial Division of the new Supreme Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Belinda Van Heerden
Belinda Jane van Heerden (born 1953 or 1954) is a retired South African judge who served on the Supreme Court of Appeal between 2004 and 2013. Before that, she was a judge of the Western Cape High Court between 2000 and 2004. She also acted on the Constitutional Court in 2006. Van Heerden began her legal career as an academic with research interests in child law and family law. She worked as a professor of law at the University of Cape Town before she gained appointment to the bench. Early life and academic career Van Heerden was born in 1953 or 1954 and grew up in Somerset West in the Western Cape. She attended Stellenbosch University from 1977 to 1981, completing a BA in 1979 and an LLB in 1981. After that, she attended Oxford University on a Rhodes Scholarship, completing a BA in jurisprudence in 1984. She spent the next five years as a lecturer in private law at Stellenbosch University and the University of Cape Town, until in 1989 she returned to Oxford to co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discriminated
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Master Of The High Court (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 officer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cape Town
Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest (after Johannesburg). Colloquially named the ''Mother City'', it is the largest city of the Western Cape province, and is managed by the City of Cape Town metropolitan municipality. The other two capitals are Pretoria, the executive capital, located in Gauteng, where the Presidency is based, and Bloemfontein, the judicial capital in the Free State, where the Supreme Court of Appeal is located. Cape Town is ranked as a Beta world city by the Globalization and World Cities Research Network. The city is known for its harbour, for its natural setting in the Cape Floristic Region, and for landmarks such as Table Mountain and Cape Point. Cape Town is home to 66% of the Western Cape's population. In 2014, Cape Town was named the best place ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hassam V Jacobs
''Hassam v Jacobs NO and Others'', an important case in South African law, was heard in the Constitutional Court on 19 February 2009, with judgment handed down on 15 July. The applicant was a party to a polygamous Muslim marriage, whose husband had died intestate. The Constitutional Court held that precluding the applicant from inheriting unfairly discriminated on the grounds of religion, marital status and gender, and was therefore inconsistent with section 9 of the Constitution. Accordingly, it was held that the applicant could inherit. The ambit of this judgment extended the ruling in ''Daniels v Campbell'' to polygamous Muslim marriages. Facts The question was whether or not the benefits provided by the Intestate Succession Act) and the Maintenance Act accrue to surviving spouses of polygynous Muslim marriages. The objective of the legislation is to ensure that widows receive at least a child's share of their spouse's estates instead of being left precariously dependent on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
