Family law cases

Question 1

What is the principle in KLVC v SDI case?

Answer 1

It deals with section 21(b) and the requirements, it highlights how each factor needs to be met for the father to gain parental rights and responsibilities. It further, highlights how the father who has full parental right and responsibilities permission is needed for a child to be removed from the state

Question 2

What is the principle in RC v HC case?

Answer 2

To claim guardianship you must claim why the existing guardian is unfit. HC didnt get guardianship of the child.

Question 3

What is the principle in Wilsnach v TM case?

Answer 3

The deals with the definition of parent in the intestate succession 1(b). It extended what a parent is

Question 4

What is the principle in Ex Parte MS case?

Answer 4

The case states you can bring late applications for a surrogacy agreement

Question 5

What is the principle in Ex Parte Three Surrogacy Applications case?

Answer 5

No need for children of the commissioning parent and the surroagate to undergo psychological assessment

Question 6

What is the principle in Ex Parte JCR and Others case?

Answer 6

Surrogate mothers should provide medical information before the agreement is agreed, and children of both parties should undergo psychological assessment

Question 7

What is the principle in Butters v Mncora case?

Answer 7

This deals with the Universal partnership. It deals with Pothiers requirements: Joint benefit, contribution and Profit.
Butters got 30% of the assests

Question 8

What is the principle in Bwanya v The Master of the High Court case?

Answer 8

Extending the definition of spouse in the Intestate Succession Act and Maintenance of Surviving Spouse Act to Domestic Partnership

Question 9

What is the principle in EW v VH case?

Answer 9

You cannot claim maintenance in a domestic partnership

Question 10

What is the principle in KOS v Minister of Home Affairs and Others case?

Answer 10

You cannot get married under the Marriage Act as a homosexual couple. HHowever once within the marriage the couples already married under the Marriage Act can switch there gender, forming a homosexual couple

Question 11

What is the principle in Sithole v Sithole case?

Answer 11

section 21(1) and section 21(2)(a) of the MPA are unconstitutional . All marriages are now Changing the default position of those married into African marriages after 1988 were out of community of property was unconstitutional. Now all marriages are automatically in community of property unless the spouses choose otherwise through an antenuptial agreement.

Question 12

What is the principle in Vukeya v Ntshane and Others case?

Answer 12

This deals with section 15(9)(a) and is used to protect bona fida third parties who contract with married spouses. the consent requirement is that the 3rd party couldn’t have reasonably known the were married

Question 13

What is the principle in MM v MN case?

Answer 13

This shows that the first wife consented in order to marry another women this was a xitsonga case

Question 14

What is the principle in Ramuhovhi and Others v President of the Republic of South Africa and Others case?

Answer 14

Declared section 7(1) unconstitutional those married before the RCMA are married in community of Property this was a venda case

Question 15

What is the principle in MG v BM case?

Answer 15

late registration of customary marriage is accepted even after death

Question 16

What is the principle in Mbungela v Mkabi case?

Answer 16

This deals with the requirement of bridal transfer and how it was waived

Question 17

What is the principle in Govender v Ragavayah case?

Answer 17

Intestate Succession Act definition of spouse to include partners in Hindu religious Marriages

Question 18

What is the principle in Women’s Legal Centre Trust v President RSA case?

Answer 18

Recognistion of Muslim marriages in the Divorce Act and the Marriage Act. Therefore we can assume that this makes the marriage contract valid but the property consequences are still regulated under the contract. However, the divorce act was changed which means the court can make a redistribution order in terms of section 7(3) of the divorce act

Question 19

What is the principle in KT v AT case?

Answer 19

This is a Rule 43 application, and should have relevance to the matter, the affidavit must be concise, Brief and succinct. The Rule 43 application was 368

Question 20

What is the principle in EB v ER case?

Answer 20

It extended section 7(3) redistribution order to marriages past 1984, to marriages out of community of property. This confirmed the Greyling case order

Question 21

What is the principle in LD v Central Authority case?

Answer 21

Article 13 (b) of the Hague Convention if the parent can prove that removing the children they have been abducted is harmful, psychologically or physically, then they can keep children based on s28(1)(b).
this is a Luxembourg to SA case

Question 22

What is the principle in LB v DB case?

Answer 22

If it is in the child’s best interest to relocate, then the court will order a relocation order

Question 23

What is the principle in LW v DB case?

Answer 23

LW v DB, stated that the principles applicable to relocation of children the interests of children are the first and paramount consideration. Both partners have a joint primary responsibility for raising the child and in a case of separated parents to ensure contact is maintained, and if the parents wish to emigrate the court will not lightly refuse the childrens removal from the country if the custodial parent is shown bona fida and reasonable, however, the courts are sensitive to the parent left behind

Question 24

What is the principle in TT and Another v Minister of Social Development case?

Answer 24

It was found that parties identities should not be disclosed in an adoption to there parents without there consent.
It was further held that the guideline followed by the social workers was unconstitutional as they highlighted that it is paramount to maintain a connection between an adoptable child and their extended family and culture despite the Act not giving priority to these factors. They also seek to impose a blanket approach without individualizing the needs of a particular child in particular circumstances, emphasizing principles that are not envisaged by the Act or the constitution