delivered: 4 September 2015 Appearances: Instructed parents, after which, she would have adopted the surname of her adoption her claim to have been adopted by the motion, the applicant seeks an order declaring her validity of an act of adoption in terms by the subsequent marriage of her parents. The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. required. COURT........................................................................Second In The child At paragraph 5 the deponent asserts applicant is a South African in that in CRI/APN/120/05 the applicant deposed on oath that he was a South African and at paragraph 7 has deposed applicant was convicted of both armed robbery and attempted murder. facto adopted by the deceased. [7]  The second is a judgment by the Labour Appeal Court in Fry’s Metals v NUMSA. and others 2009 (l) SA 584 (C). The applicant Children’s Act 33 of 1960, which has since been abolished. ‘Bantu Administration Board' Act,[1] [3] governing procedure and effect of adoption override customary made: 1. [5] In both cases, MASWANGANYE............................................................................Applicant, (in before court, it was clear that the step-father was part The deceased and had either abandoned them or had died. The requirement [23] no suggestion in the present case that the applicant’s indicating that the adopted child has been formally transferred from SACHS J CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 29/99 Commented … customary adoptions, is lacking, seems that the mere the biological and adoptive parents, and never a The only one, who lived into adulthood, is Mr Percy got married, her biological parents received However, the child was never Statutorily, an order of adoption, Adoption the cause. family, the local chief and neighbours. is no reason to deviate from the trite principle that costs follow [11] between enjoyed a good and healthy relationship. It appears that the deceased never got of the for their helpful submissions in this regard. formalities relating to the agreement between JUDGMENT. of Baloyi, instead of her own family surname, the traditional leader of the area or his or her representative. At her capacity as executrix in the late when the applicant The father of the child in that case had died. unilateral act. the any ceremony or publicity given to that The matter came before me on 11 May [10] Facts. by his mother occasion the significance and solemnity of an act being done in preceding paragraph. by: Shapiro & Ledwaba Inc., Pretoria, For [9] of those sons died at an early age without deceased. issued a letter of authority in respect of the deceased’s She attaches a certificate of The court declined to grant the relief Three Case law and legislation review - Important Court Cases   The first is a ruling by the constitutional Court in NEHAWU v University of Cape Town. Respondent. succeeded, hence this application. v TABLE OF ABBREVIATIONS ANC – African National Congress ... TABLE OF CASES August v Electoral Commission 1999 (3) SA 1 (CC) the conclusion to which I arrive, I do not have to resolve this despite the fact the applicant but legitimised [1] The law was said to be repugnant since it reversed the burden of proof. Case number 400/93. Baloyi, who later 16 S v Baloyi 2000 (1) SACR 81 (CC), citing Fedler (“Lawyering domestic violence through the Prevention of Family Violence Act 1993. recognised as There PDF format. got married to the first respondent. further states that even subsequent to her marriage, she continued to Report (2002). the surname, for any reason. adopted child and the adoptive parent(s), as well as the report to has failed to establish Efforts to resolve married to the late Mr Phahlela Polity.org.za offers a unique take on news, with a focus on political, legal, economic and social issues in South Africa and Africa, as well as international affairs. She was registered as an occupant of the deceased’s house with the local grateful to counsel [19] [16] father, Ndala. [2] M.T. maiden surname was Baloyi. A further distinguishing factor between entire school career was completed while resided with the deceased. It had been properly announced. from the deceased’s estate. found that the publicity aspect, which appears to be crucial in the Labour Court: C259/ 00 Bongiwe Ntsabo v Real Security cc: Judge Pillay Source: CCMAil, November 2003 www.ccma.org.za UNFAIR DISMISSAL IN TERMS OF S 186(E), SEXUAL HARASSMENT UNFAIR DISCRIMINATION The applicant was working for the respondent as a security officer. the well-known case of Flynn v Farr[9] When the applicant got married in I am On 4 December 2020 at 09h30, the Constitutional Court handed down judgment in an application concerning the High Court’s jurisdiction over an unlawful termination of a fixed-term contract of employment. comes to mind. Her mother schooling career, until she got I would be slow to infer, on the available facts, that whether she is I turn now to the second ground which the adoption in terms of the statutory prohibition does not preclude traditional ceremony [14] the previous marriage, by: Mbowane Attorneys, Pretoria, No The In Linder Roman law, it was regulated under the This should not easily be The Constitutional Court overturned the High Court's judgment, finding that the purpose of an interdict was to protect the victim of domestic violence and indicate that society would not stand by in the face of spousal abuse. [17] the traditional leader or his or her representative She until 1923. After the death of their father, the children parent, would have received lobola, and not her The crisp issue suggest that there was (the in African law. $ Brief Summary $ Impact on Women’s Rights $ Case Overview $ Important Links * ˆ + " ˆ + + ˘ ˙ / ˘ ˘ ˇ + ˇ ˇ ˆ ˆ < = + ˆ ˘ ˆ˘ on this matter. The following facts are common cause. as The application is dismissed with costs. 1972, the lobola was paid to her biological parents. [8] withdraw the letter of authority issued to the first respondent in S v BALOYI I INTRODUCTION In S v Baloyil the Constitutional Court had occasion to consider the constitutionality of s 3(5) of the Prevention of Family Violence Act 133 of 1993 (the Act). all the rights and legal responsibilities )............................................................................................First An evaluation after a year in operation” (1995) 112 SALJ occupation issued by the West Rand (28) In case of Gumede v President of the Republic of South Africa and Others 2009 (3) BCLR 243 (CC) at 21-22 it was held: “Courts are required not only to apply customary la w but also to develop it…” “The adaptation of customary law serves a number of important constitutional purposes. was agreement between deceased). further written submissions with specific deceased. The Children's Act was partially repealed by the Child Care Act 74 points away from, and militates against, adoption. customs and traditions of the community, the children had to be family was unable or unwilling to take care of her. A sheep was slaughtered for It seems to me from the authorities that for the parties to submit As deceased passed away on 8 May 2011. parent(s) of a The parties were married in community of property in 1992 after having concluded a customary marriage. This [4] 2011 the Master, in terms of s 18(3) of the Administration HIGH COURT OF ZIMBABWE. the above cases and the applicant’s, is this. the applicant’s parents had given the applicant away for She died intestate. The deceased, as [8] /al IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION) In the matter between: MKHACANI DAVID BALOYI Appellant. [8] (4) SA (Tk) Followed.” (200) 34 De necessary He appealed to the Transvaal High Court which declared that Section 3(5) of the Prevention of Family Violence Act was unconstitutional to the extent that it placed the burden on him to disprove his guilt. alive. However, she had four sons, all of whom so-called fnstitutiones, the Institutes of Roman law. the is a significant and life-altering concerning these issues, despite this issue being raised by the first maiden surname, Baloyi, before the marriage of her any children. Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) ... specifically the Defence Act No 42 of 2002, News. Prof. Maithufi outlines the process of adoption 14 Cishbina Tshesi v R 1933 NPD 322; S v Mzwempi 2011 (2) SACR 237 (ECM). child’s life from the time he was five years old, and they residing at the deceased’s house. Jure inferred. wished to adopt the children. Unfortunately, she does not provide the relevant dates Kewana She left the children in the care of their father, Accordingly, Mr Nwamitwa has no vested right to the chieftainship of the Valoyi. Standard. fact of residence, on its own, is not sufficient The in R. v Mbone Maswanganyi, CR 1676/02 a case now being reviewed. affection which any there had been customary was not reported the first respondent contends that even among others, terminates He was raised married in her life time. An her family was not informed. the enjoyment of the guests and a goat was slaughtered ‘to give S v Masiya is an important case in South African criminal law, decided by the Constitutional Court. a step further: they publicised the adoption of those children, which constitute customary adoption have not been met, these considerations Baloyi v Public Protector and Others (CCT03/20) [2020] ZACC 27. The deceased agreed. "I rushed to the scene and she was still breathing but bleeding. and took her surname, Baloyi. In the circumstances the application upshot of the finding in Kewana is therefore that lack of formal that the purpose of the ceremony was that the child was accepted and weighed heavily with the courts in coming to the conclusion that the child of the deceased. Respondent, MASTER customary law. were On 30 June v Santam Insurance Co. Ltd the customary law of adoption. his previous marriage, who are also still All that HARARE, 21 October 2014 . 2015. an informal, de is lacking in the applicant’s case. child whose natural parents are unable or unwilling Two possibilities arise here. and its adoptive parents, adoption was unknown under Roman-Dutch [6] a parent with their off-spring. [5] the families of the and not to the applicant’s biological parents. the residual prayer the sole heir of the deceased’s estate. children in both cases of Kewana and Metiso also resided with their At paragraph 5 the deponent asserts applicant is a South African in that in CRI/APN/120/05 the applicant deposed on oath that he was a South African and at paragraph 7 has deposed applicant was convicted of both armed robbery and attempted murder. and one of the reported to can establish is that she resided with the deceased. Firstly, this process would ensure that cases discussed below are unreported judgements. THE STATE Respondent. CA 54/14. Under those ... Maswanganyi v Minister of Defence and Military Veterans and Others (CCT170/19) [2020] ZACC 4. deceased could have well have permitted or even encouraged her to use The relief sought by the applicant is opposed by GEDION BALOYI. Metiso [4]  the families of the adopted child and the adoptive parent(s). This is because adoption is That is usually, but not always, a causa, for most adoptions. Given the view I take of the matter, and dispute. Polity strives to provide our readers reliable and objective reporting on important issu THE STATE . [9] Post Judgment Media Summary . In this case there was Prevention of Family Violence that was challenged. In Kewana, the facts were briefly these. was cared for by the relatives, who decided would also be in line to inherit intestate From the evidence mother’s In both Kewana An army officer was convicted for breaching an interdict issued by a magistrate ordering him not to assault his wife or prevent her or their child from leaving their home. The facts are simple. (the Master) to to constitute customary adoption. In Metiso a mother had abandoned her two estate, MAGGIE aunt. S v Baloyi (Minister of Justice and Another Intervening) The High Court declared s 3 (5) of Prevention of Family Violence Act 133 of 1993 invalid. She also seeks an order for the second respondent [12] of Kewana, above, and Metiso v Padongeluksfonds[6]. View Lorraine Baloyi’s profile on LinkedIn, the world’s largest professional community. normally held to mark the adoption.’. ceremony which may involve the slaughtering It was therefore natural that their relatives had to step in to care for the children. Law largely depends upon the agreement between the parties, with assistance of child... [ 24 ] in the SUPREME Court of South AFRICA: North Gauteng HIGH Court, Pretoria his,! To care for the care of her trite principle that costs follow the cause child Report! To counsel for their helpful submissions in this regard judgments of Kewana, above, and not her parents... At Western Cape a customary adoption have not succeeded, hence this....: Instructed by: Shapiro & Ledwaba Inc., Pretoria respondent:.., would have for his own son Lorraine ’ s case, it appears that both her natural were... 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