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 judgement on 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),

Submission by legal counsel for accused, 2007
Submission on behalf of government ministers of Justice and Constitutional Development, National Education and Social Development. 5 November, 2007
Submission by SAPSAC (in Afrikaans)
National Prosecuting Authority submission
NGO coalition submission on behalf of the state
Submission by Centre for Child Law and Childline

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

Pre-hearing summary
Heads of Arguments of Parties
- Applicants’ Heads of argument
- First Respondent’s Heads of Argument
- First Respondent’s Supplementary Heads of Argument
- Second and third Respondent’s Heads of Argument
- Amicus Heads of Argument

Appeal against the order of constitutional invalidity issued by Judge Bertelsmann
Judgement on Constitutionality of issues
Constitutional Court Final Judgement