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Section Nine Of The Constitution Of South Africa
Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination. Text Under the heading "Equality", the section states: Notable cases * '' President of the Republic of South Africa and Another v Hugo'' (1997) — a presidential decision to remit the sentences of imprisoned mothers with young children is not unfair discrimination against similarly-situated fathers. * ''Prinsloo v Van der Linde and Another'' (1997) — a law which imposes a different onus of proof in civil cases involving forest fires does not deny equal protection of the law or amount to unfair discrimination. * '' Larbi-Odam and Others v MEC for Education (North-West Province) and ... [...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] |
Hoffmann V South African Airways
''Hoffmann v South African Airways'' is an important case, heard by the Constitutional Court, in South African labour and constitutional law. Hoffmann argued that he had been unfairly discriminated against on the ground of disability, due to his being HIV positive. The Constitutional Court held that HIV was not a "disability," but found nonetheless that discrimination on this basis would constitute an infringement of dignity, as it was discrimination based on a person's medical health. Discrimination on the basis of HIV status, as part of discrimination on the basis of illness, was held to be analogous to the grounds of unfair discrimination listed in the Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...,s 9(3). and was found, therefore, to be unfair as per constit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anti-discrimination Law In South Africa
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] |
Promotion Of Equality And Prevention Of Unfair Discrimination Act, 2000
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organisations and individuals and forbids hate speech and harassment. The act specifically lists race, gender, sex, pregnancy, family responsibility or status, marital status, ethnic or social origin, HIV/AIDS status, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth as "prohibited grounds" for discrimination, but also contains criteria that courts may apply to determine which other characteristics are prohibited grounds. Employment discrimination is excluded from the ambit of the act because it is addressed by the Employment Equity Act, 1998. The act establishes the divisions of the High Court and designated Magistrates' Courts as "Equality Courts" to hear complaints of discriminati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Same-sex Marriage In South Africa
Same-sex marriage in South Africa has been legal since the '' Civil Union Act, 2006'' came into force on 30 November 2006. The decision of the Constitutional Court in the case of '' Minister of Home Affairs v Fourie'' on 1 December 2005 extended the common-law definition of marriage to include same-sex spousesas the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientationand gave Parliament of South Africa, Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly of South Africa, National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later. South Africa was the fifth country in the world and the first in Africa to legalise same-sex marriage. History Background South Africa w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of Home Affairs And Another V Fourie And Another
''Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others'', 005ZACC 19, is a landmark decision of the Constitutional Court of South Africa in which the court ruled unanimously that same-sex couples have a constitutional right to marry. The judgment, authored by Justice Albie Sachs and delivered on 1 December 2005, gave Parliament one year to pass the necessary legislation. As a result, the Civil Union Act came into force on 30 November 2006, making South Africa the fifth country in the world to recognise same-sex marriage. The case was heard on May 17, 2005, by Langa ACJ, Madala J, Mokgoro J, Moseneke J, Ngcobo J, O'Regan J, Sachs J, Skweyiya J, Yacoob J and Van Der Westhuizen J. MTK Moerane SC (with S. Nthai) appeared for the applicants, P Oosthuizen (with T Kathri) for the respondents, JJ Smyth QC for the first and second ''amici curiae'', GC Pretorius SC (with DM Achtzehn, PG Sele ... [...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] |
Male Primogeniture
Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son (agnatic primogeniture); it can also mean by the firstborn daughter (matrilineal primogeniture). Description The common definition given is also known as male-line primogeniture, the classical form popular in European jurisdictions among others until into the 20th century. In the absence of male-line offspring, variations were expounded to entitle a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g. male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). Variations have tempered the traditional, sole-beneficiary, right (such as French appanage) or, in the West since World War II, eliminate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bhe And Others V Magistrate, Khayelitsha, And Others
''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] |
Khosa And Others V Minister Of Social Development And Others
Khosa may refer to: People with the surname Khosa * Asif Saeed Khan Khosa, Chief Justice of the Supreme Court of Pakistan since 31 December 2016 * Baldev Khosa, Indian film actor and politician * Sardar Muhammad Muqeem Khan Khoso,former MNA in 1998 * Dost Muhammad Khosa (born 1973), former Muslim League politician, now Pakistan People's Party * Mir Hazar Khan Khoso (1929–2021), Chief Justice of the Federal Shariat Court of Pakistan * Rajan Khosa, Indian filmmaker * Sukhvir Singh Khosa, Indian immigrant to Canada, litigant in Canada (Minister of Citizenship and Immigration) v Khosa * Zulfiqar Ali Khosa (born 1935), former Governor of Punjab and chief of khosa tribe * Latif Khosa, Governor of Punjab Places * Khosa, Punjab, Pakistan * Khosa, Shahkot, Punjab State, India * Jamaitgarh Alias Khosa, Punjab, India Other uses * Khosa (tribe), a Baloch tribe * Khosa Gotra, Indian clan among the Ahirs or Kashmiri Brahmins See also * * Khas people * Khasas * Kosa (other) * Xhos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
S V Jordan And Others
S, or s, is the nineteenth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ess'' (pronounced ), plural ''esses''. History Origin Northwest Semitic šîn represented a voiceless postalveolar fricative (as in 'ip'). It originated most likely as a pictogram of a tooth () and represented the phoneme via the acrophonic principle. Ancient Greek did not have a phoneme, so the derived Greek letter sigma () came to represent the voiceless alveolar sibilant . While the letter shape Σ continues Phoenician ''šîn'', its name ''sigma'' is taken from the letter ''samekh'', while the shape and position of ''samekh'' but name of ''šîn'' is continued in the '' xi''. Within Greek, the name of ''sigma'' was influenced by its association with the Greek word (earlier ) "to hiss". The original name of the letter "sigma" may have been ''san'', but due to the complica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Satchwell V President Of The Republic Of South Africa And Another
''Satchwell v President of the Republic of South Africa and Another'' is a 2002 decision of the Constitutional Court of South Africa which determined that the same-sex life partner of a judge was entitled to the same financial benefits available to the opposite-sex spouse of a judge. The case, which challenged the Judges' Remuneration and Conditions of Employment Act, 1989, was brought by Kathy Satchwell, an openly lesbian judge of the Transvaal Provincial Division (now known as the Gauteng Division) of the High Court. The court ruled unanimously that the law violated the equality clause of the Bill of Rights, which forbids unfair discrimination on the basis of sexual orientation. The judgment therefore amended the law to extend the spousal benefits to same-sex partners who had undertaken "reciprocal duties of support". Although the holding, strictly speaking, was limited to judges and their partners, it was seen as having a wider effect, with the director of the Lesbian and G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
