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DE V RH
''DE v RH'' is a decision of the Constitutional Court of South Africa in the South African law of delict, law of delict. The court abolished the third-party South African law of delict, delictual claim for adultery, holding unanimously that society's contemporary ''South African law of delict#Wrongfulness or unlawfulness, boni mores'' indicated that the act of adultery by a third party lacks South African law of delict#Wrongfulness or unlawfulness, wrongfulness and therefore does not give rise to delictual liability. The judgment was handed down without papers on 19 June 2015 and was written by Justice Mbuyiseli Madlanga, with a separate concurrence by Chief Justice Mogoeng Mogoeng. Background Mr DE and Ms H, a married couple, ceased to cohabitate in March 2010 when Ms H left their home; she filed for divorce in June 2010. A divorce order was granted in September 2011. Mr DE averred that their marriage was happy until 2010, when it broke down because Ms H engaged in adultery ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actio Iniuriarum
The ''actio iniuriarum'' is an action for delict which "not only seeks to protect an individual's dignity and reputation but also his or her physical integrity." Harm or loss The harm or loss which gives rise to the ''actio iniuriarum'' is a violation of a personality interest, usually classified, as per the definition above, under the following three headings: * ''corpus'', or bodily integrity; * ''dignitas'', or dignity; and * ''fama'', or reputation. Conduct The delictual conduct required for a successful application of the action comes usually in the form of statements or positive conduct. Seldom is it an omission. Causation Causation is normally not an issue in respect of the ''actio iniuriarum'', but it may become one in some instances, as in deprivation-of-liberty cases. Wrongfulness Conduct will be wrongful in terms of this action if it is objectively unreasonable and without lawful justification: "Having a valid defence means that the conduct is justified and the ... [...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, sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter Two Of The Constitution Of South Africa
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights ( negat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fritz Brand
Frederik Daniël Jacobus "Fritz" Brand SC (born 16 February 1949) is a former judge of the Supreme Court of Appeal of South Africa."Judges of the Supreme Court of Appeal"SCA website. Early life and education Brand was born in Paarl and matriculated at the High School Vredenburg in 1966. After school he enrolled at Stellenbosch University and obtained a BA degree in 1970, an LL.B. degree in 1972 and an LL.M. (''cum laude'') in 1976. Career Brand started his career in 1973 as a Senior lecturer at Stellenbosch University and was admitted as advocate in May 1973. He lectured until 1976 and on 10 May 1977 joined the Cape Bar. Brand was granted senior status in November 1989 and in September 1992 he was appointed Judge of the Cape High Court The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage Counseling
Couples therapy (also couples' counseling, marriage counseling, or marriage therapy) attempts to improve romantic relationships and resolve interpersonal conflicts. History Marriage counseling originated in Germany in the 1920s as part of the eugenics movement.Wendy Kline, ''Building a Better Race: Gender, Sexuality, and Eugenics from the Turn of the century.''Abraham Stone, ''Marriage Education and Marriage Counseling in the United States.'' The first institutes for marriage counseling in the United States began in the 1930s, partly in response to Germany's medically directed, racial purification marriage counseling centers. It was promoted by prominent American eugenicists such as Paul Popenoe, who directed the American Institute of Family Relations until 1976,Jill Lepore, ''The rise of marriage therapy, and other dreams of human betterment.'', The New Yorker, 29 March 29, 2010. Robert Latou Dickinson, and by birth control advocates such as Abraham and Hannah Stone who wrote ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Rand
The South African rand, or simply the rand, (sign: R; code: ZAR) is the official currency of the Southern African Common Monetary Area: South Africa, Namibia (alongside the Namibian dollar), Lesotho (alongside the Lesotho loti) and Eswatini (alongside the Swazi lilangeni). It is subdivided into 100 cents (sign: "c"). The South African rand is legal tender in the Common Monetary Area member states of Namibia, Lesotho and Eswatini, with these three countries also having their own national currency (the dollar, the loti and the lilangeni respectively) pegged with the rand at parity and still widely accepted as substitutes. The rand was also legal tender in Botswana until 1976, when the pula replaced the rand at par. Etymology The rand takes its name from the Witwatersrand ("white waters' ridge" in English, ''rand'' being the Dutch and Afrikaans word for 'ridge'), the ridge upon which Johannesburg is built and where most of South Africa's gold deposits were found. In English and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretoria High Court
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became the Transva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gauteng High Court
The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. Dunstan Mlambo has been the Judge President of the division since 1 November 2012. History A High Court was established for the South African Republic (the Transvaal Republic) in 1877, while the Witwatersrand gold fields were visited by a circuit court subordinate to the High Court. Both courts ceased to exist as a result of the British victory in the Second Anglo-Boer War. In 1902, two superior courts were established for the new Transvaal Colony: the Supreme Court of the Transvaal in Pretoria, and subordinate to it the High Court of Witwatersrand in Johannesburg. On the creation of the Union of South Africa these courts became t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the Legal remedy, remedy (t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extramarital Affair
An affair is a sexual relationship, romantic friendship, or Passion (emotion), passionate attachment in which at least one of its participants has a formal or informal commitment to a third person who may neither agree to such relationship nor even be aware of it. Romantic affair A romantic affair, also called an affair of the heart, may refer to a sexual liaison or more emotional relationship between two people who may having sex, have sex without expecting a more formal romantic relationship, an affair is by its nature romantic. The term ''affair'' may also describe part of an agreement within an open marriage, open marriage or open relationship, such as Swinging (sexual practice), swinging, dating, or polyamory, in which some forms of extramarital sex, sex with one's non-primary partner(s) are permitted and other forms are not. Participants in open relationships, including unmarried couples and polyamorous families, may consider sanctioned affairs the norm, but when a non-s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a '' weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
