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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] |
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] |
Intestate Succession Act
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only: * when the testator has left no valid will or testamentary disposition contained in a valid ''pactum successorium'' (e.g., antenuptial contract, gift ''mortis causa''); or * when he leaves a will which fails for some or other reason. Intestacy may be total (applying to the whole of the assets left by the deceased) or partial (applying to a portion only of his assets), for the deceased may die partly testate and partly intestate: for example, if the deceased bequeaths his car to his son but does not mention the rest of his estate. Intestacy is total when none of the assets are disposed of by a valid will: for example, where there is no will at all, or only a will which is void, or which has been revoked. Intestacy is partial when the deceased has left a valid will wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maintenance Act
Maintenance may refer to: Biological science * Maintenance of an organism * Maintenance respiration Non-technical maintenance * Alimony, also called ''maintenance'' in British English * Champerty and maintenance, two related legal doctrines * Child support, also commonly called "child maintenance" * Feudal maintenance, system of funding armies Technical maintenance * Maintenance (technical) * Aircraft maintenance * Bicycle maintenance * Bus maintenance * Car maintenance * Train maintenance * Property maintenance * Railroad track maintenance * Software maintenance Some kinds of technical maintenance * Condition-based maintenance * Corrective maintenance * Planned maintenance The technical meaning of maintenance involves functional checks, servicing, repairing or replacing of necessary devices, equipment, machinery, building infrastructure, and supporting utilities in industrial, business, and residential install ... * Predictive maintenance * Preven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Family Law
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and other holders of parental rights and responsibilities) and children; and (iii) relatives related through blood and affinity." Subdivisions There are various branches of family law, among them * the law of engagement; * matrimonial law and the law of civil unions; * matrimonial property law; * the law of divorce; and * the law of parenting. Marriage Marriage is the act by which a marriage relationship is formed, and which defines the relationship created by that act. The act and the relationship are interrelated: The former requires an intention to create the latter, and the consequences o ... [...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] |
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] |
2009 In South African Law
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . The mo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2009 In Case Law
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . The mod ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Family Case Law
South is one of the cardinal directions or Points of the compass, 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 language, Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European language, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
