South Africa

Mr. Katise was arrested when police were called to his home and found that he had attacked his wife. Charges for domestic violence under South Africa’s Domestic Violence Act 116 of 1998 were eventually repealed and after suing for unlawful arrest and detention on the grounds that there was no warrant for his arrest, Mr. Katise was awarded damages. In an appeal, the judge overturned this ruling, citing s 40(1)(q) of the Criminal Procedure Act which allows peace officers to arrest anyone reasonably suspected of violating the Domestic Violence Act of 1998.

The deceased was married to the second and third applicant under Islamic law. The marriage of the deceased and the third applicant was entered into before the marriage between the deceased and the second applicant. However, the deceased and the second applicant entered into a civil marriage to qualify for a home loan. Following the death of the deceased, The Registrar of Deeds, Cape Town, refused to register the title deed to the family home in the name of the third applicant.

The plaintiff attempted to bring a charge of assault against her former husband under the Domestic Violence Act of 1998 (“the DVA”). She was incorrectly advised by a police officer that she required a protection order from the Magistrate Court before she could receive police assistance. She was then told by a second officer that her former husband would bring a similar charge of assault against her if she persisted. The plaintiff, along with her former husband, was arrested.

The case concerned a referral for confirmation to the Constitutional Court of an order made by the Witwatersrand High Court. The referral sought to affirm that the following laws are unconstitutional and invalid (a) the common law offence of sodomy, and (b) the inclusion of sodomy in schedules to, inter alia, the Criminal Procedure Act 51 of 1977, which prohibits sexual conduct between men in certain circumstances.

The South African government released a National Strategic Plan (“NSP”) in response to the 2018 Summit on Gender-Based Violence and Femicide. The Summit identified key interventions and developed strategies regarding gender-based violence and other challenges women and children face in South Africa. The NSP was published as a framework to recognize and affirm the challenges and rights identified at the Summit. The vision of the NSP is “A South Africa free from gender-based violence directed at women, children and LGBTQIA+ persons” and is enacted through six key pillars: 1.

The Durban Magistrate's Court issued a protection order under the Domestic Violence Act 116 of 1998 prohibiting Mr. Omar from abusing his wife, Ms. Joolab, and their children.   When Mr. Omar allegedly breached the terms of that order, the warrant was executed but was subsequently suspended.   He applied to the High Court alleging that section 8 of the Act was unconstitutional and the application was dismissed.

The Act defines and prohibits human trafficking. The PCTP Act adopts a broad definition of human trafficking, namely, that a person is guilty of human trafficking if he or she delivers, recruits, transports, transfers, harbours, sells, exchanges, leases or receives another person, through various means, including the use of force, deception, or coercion, aimed at the person or an immediate family member for the purpose of exploitation.

The purpose of the Promotion of Equality and Prevention of Unfair Discrimination Act is to give effect to section 9 of the Constitution of the Republic of South Africa, read in conjunction with item 23(1) of its sixth schedule. The effect of this is to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.

In this case, the Constitutional Court declared §2(1) of the Upgrading of Land Tenure Rights Act (Upgrading Act) unconstitutional. §2(1) of the Upgrading Act automatically turned land tenure rights into rights of property ownership, without providing other occupants or affected parties an opportunity to make submissions. The Court held §2(1) unconstitutional because it had a discriminatory effect on women’s property rights. During apartheid, only men could be the head of the family and hold Certificates of Deed and Grant.

In this case, the Constitutional Court held that §7(1) of the Recognition of Customary Marriages Act 120 of 1998 (RMCA) was inconsistent with 172(2) of the Constitution, and therefore invalid, because it unfairly discriminated against women in polygamous customary marriages entered into before the enactment of the RMCA on the bases of gender and race, ethnic, or social origin. This case followed Gumede v.