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A discussion of recent reported judgments originally published in August 2021 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports.
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A discussion of recent reported judgments originally published in the October 2022 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports.
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A discussion of recent reported judgments originally published in the December 2022 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports.
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In Sithole and Another v Sithole and Another 2021 (6) BCLR 597 (CC), the Constitutional Court confirmed an order declaring s 21(2)(a) of the Matrimonial Property Act unconstitutional and invalid. Henceforth, all marriages which in terms of the Black Administration Act were automatically out of community of property are now marriages in community of property.
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In University of Johannesburg v Auckland Park Theological Seminary and Another 2021 (3) BCLR 807 (CC), contextual evidence is not precluded by the parol evidence rule in a delectus personae inquiry as it does not seek to add to, vary, modify or contradict the terms of an agreement but gives context and background when interpreting the rights under the agreement.
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In Centre for Child Law v Director-General: Department of Home Affairs and Others 2020 (8) BCLR 1015 (2020 (6) SA 199) (ECG), s 10 of the Births and Deaths Registration Act invalid and inconsistent with the Constitution as an unmarried father can’t give notice of the birth of his child under his surname, in the absence of the child’s mother or without her consent.