South Africa
Omar v. Government, RSA and Others, (November 7, 2005)
Constitutional Court
Keywords: Domestic Violence
Brief Summary: Domestic violence, challenging the validity of a statute which mandated the issuance of an arrest warrant pursuant to a criminal protection order.
CEDAW: In discussing the brutality of domestic violence and the constitutional need to protect against such violence, the court mentions, in a footnote, that South Africa is a signatory to CEDAW.
Bhe and Others v. Magistrate, Khauelitsha and Others, (October 15, 2004)
Constitutional Court
Keywords: Discrimination-Gender/Sex; Family/Marriage
Brief Summary: Challenge to the "Black Administration Act 38 of 1927" which excluded women and extra-marital children from inheriting property.
CEDAW: The court acknowledges that given the development "of African communities into urban and industrialized communities, and the role that women play in . . . society, the exclusion of women from succeeding to the family head can no longer be justified." These changes must also be examined against international conventions such as CEDAW, to which South Africa is a signatory, which require South Africa "to ensure, amongst other things, the practical realisation [sic] of the principle of equality between men and women and to take all appropriate measures to modify or abolish existing laws, regulations, customs and practices that constitutes discrimination against women."
Full Text (LEXIS ONLY)
Camichele v. Minister of Safety and Security and Another, (August 16, 2001)
Constitutional Court
Keywords:Sexual Violence; Procedural Issues
Brief Summary: This began as an assault case. The present case deals with the duty of care police and prosecuting authorities owe to the victim of assault. The court failed to find a "special relationship between the prosecutor and plaintiff so that the breach of such duty would expose the plaintiff to a particular risk of harm different" than that posed to the general public
CEDAW: The court, in acknowledging South Africa's duty under international law to prohibit gender-based discrimination, cited CEDAW in a footnote and the language which sets forth private liability for failure to act. ("States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.")
Kaunda and Others v. President of the RSA and Others (2), (August 4, 2004)
Constitutional Court
Keywords: Other
Brief Summary:Diplomatic Protection
CEDAW: The court acknowledges the importance of international law, and notes a number of international conventions which South Africa has ratified, including CEDAW.
Brink v. Kitshoff NO, (May 15, 1996)
Constitutional Court
Keywords: Discrimination-Gender/Sex
Brief Summary: The court examined the constitutionality section 44 (1) and (2) of the Insurance Act 27 of 1943 which limits the amount of recovery available on a life insurance policy ceded to a wife; the court ultimately found that the provisions discriminated unfairly against women and therefore violated section 8 of the Interim Constitution.
CEDAW: The court only mentions CEDAW as one of the many international conventions to which South Africa is a party and which prohibit various forms of discrimination.
Hoffmann v. South African Airways, (September 28, 2000)
Constitutional Court
Keywords: Sexual and Reproductive Rights-STI's/HIV
Brief Summary: Appellant had applied for employment with SA Airways. Appellant's application for employment was rejected when a blood test revealed that Appellant was HIV positive.
CEDAW: CEDAW mentioned with other international Conventions against discrimination. The court acknowledged that the court is bound to honor conventions which South Africa had properly ratified.
In re: Certification of the Constitution of the Republic of South Africa, (September 6, 1996)
Constitutional Court
Keywords: Other
Brief Summary: This case involves the court's certification of the constitution. The court's duty, in this instance, is to make sure that the constitutional text adhere to the requirements of constitutional principles.
CEDAW: The court discusses the section of the constitution which dealt with marriage and family rights. The objection to the current text was the absence of any language which recognized the "family as the basic unit of society or else protecting the right freely to marry." CEDAW is mentioned in that it "emphasis[es] rights of free choice, equality and dignity in all matters relating to marriage and family relations." CEDAW is mentioned only as illustrative on this point, as are several other documents and constitutions.
The State v. Godfrey Baloyi, (December 3, 1999)
Court
Keywords:
Brief Summary:
CEDAW: The court addressed domestic violence as a form of discrimination and adopted a new constitutional provision. The court also noted that CEDAW imposed positive obligations on States to pursue policies of eliminating discrimination against women by, amongst other things, adopting anti-discrimination legislation.