South Africa · 1st Year · Law of Persons & Introduction
Persons, Family & Equality
Constitutional Court cases on persons and family.
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Show all 8 questions and answers in this book
1.Bhe v Magistrate, Khayelitsha (2004) — held?
The customary rule of male primogeniture in intestate succession was unconstitutional because it discriminated on grounds of gender and birth.
2005 (1) SA 580 (CC)
2.Christian Education South Africa v Minister of Education (2000) — held?
The ban on corporal punishment in schools applied to independent religious schools as a justified limitation of religious freedom.
2000 (4) SA 757 (CC)
3.Freedom of Religion South Africa v Minister of Justice (2019) — held?
The common law defence of reasonable and moderate parental chastisement is unconstitutional.
2020 (1) SA 1 (CC)
4.Minister of Home Affairs v Fourie (2005) — held and what followed?
Excluding same-sex couples from marriage was unconstitutional; Parliament passed the Civil Union Act 17 of 2006.
2006 (1) SA 524 (CC)
5.Women's Legal Centre Trust v President (2022) — held?
The State's failure to recognise Muslim marriages was unconstitutional, and interim relief protected spouses on divorce and death.
[2022] ZACC 23
6.At what age does a person attain majority in South Africa?
18 years.
Children's Act 38 of 2005, s 17
7.Which constitutional provision makes a child's best interests paramount?
Section 28(2): a child's best interests are of paramount importance in every matter concerning the child.
Constitution s 28(2)
8.Which Act recognises customary marriages?
The Recognition of Customary Marriages Act 120 of 1998.
Act 120 of 1998