Tshwaranang Legal Advocacy Centre

Legal Judgements

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Age of Consent:

Geldenhuys v National Director of Public Prosecutions, Constitutional Court, 2008 – A case involving the different ages of consent for same sex relationships(19) and heterosexual relationships(16) State vs. Marx - a case which involved a sexual relationship which began when the complainant was below the age of consent (Summary in English) (Full judgment in Afrikaans)

Definition of Indecent Assault:

State vs. Egglestone - Supreme Court of Appeal judgementon 30 May 2008

Domestic Violence:

Omar vs. Government of the Republic of South Africa and Others State vs. Baloyi summary (1999) -The state's constitutional duty to provide effective remedies against domestic violence media summary

State Obligation to Protect Women From Violence:

Carmichele vs Minister for Safety and Security(2001) -The duty of courts to develop the common law, in this case concerning duty of police to prevent sexual violence against women NK v minister of safety and security

Customary Marriages:

Gumede v President of Republic of South Africa, 2008

Child Witnesses

State vs. Albert Phaswane and Aaron Makoena - High Court (Transvaal Provincial Division) Judgement  on 12/05/2008 on the constitutionality of aspects of the case. Specifically, those relating to the secondary victimisation in court of children who have been raped. The case was referred to the Constitutional Court, in response to an order issued by Judge J. Bertelsmann on 15 August 2007 in the High Court case of S v Albert Phaswane and Aaron Mokoena(Case No CC 192/07 and Case No. CC 7/07 respectively),

Constitutional Courtcase (Director of Public Prosecutions, Transvaal v Minister of Justice)

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