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Summary CONLAW: Assignment 2 Cases and Helpful Notes (only 9 pages) R100,00
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  2.  
  3. University Of Cape Town (UCT)
  4.  
  5. Constitutional Law (PBL2000W)

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Summary CONLAW: Assignment 2 Cases and Helpful Notes (only 9 pages)

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These notes cover: Facts, legal question and outcome of Harksen v Lane Hoffmann S v Jordan Mahlangu Include notes from the textbook about the cases What differentiation is Direct and indirect discrimination Unfair discrimination PEPUDA enquiry Analogous and listed grounds ...

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  • August 25, 2022
  • 9
  • 2022/2023
  • Summary

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Conlaw Assignment Notes

DISTRIBUTION OF THIS DOCUMENT IS
ILLEGAL
PIERRE DE VOS; WARREN FREEDMAN; ZSA-ZSA BOGGENPOEL. 2021. SOUTH AFRICAN CONSTITUTIONAL LAW IN CONTEXT SECOND EDITION. OXFORD:
OXFORD UNIV PRESS UK.




Harksen v Lane

Facts:
- Harksen said the way she was deprived of her estate was discriminatory.
- Married husband out of community of property
- Her husband’s estate had been sequestrated*
- Her property was sequestrated too
- She argued that her goods were taken away and she wasn’t compensated and that
that was unconstitutional
- Mrs Harksen found that the provisions of s 21(1) of the Insolvency Act constitute an
expropriation (the action of dispossessing someone of property)of the property of
the solvent spouse without any provision for compensation as required by s 28(3).

*Judicially ordered seizure of goods, as from a bankrupt party

Legal Question:
- Was there discrimination against Mrs Harksen (by taking away her property)? If
yes, was it fair or unfair?

Law:
Section 9(3) Grounds of discrimination
- namely race, gender, sex, pregnancy, marital status, ethnic or social origin, colour,
sexual orientation, age, disability, religion, conscience, belief, culture, language and
birth
- section 9(3) is not a closed list, other grounds that are not listed that are ‘analgous
grounds’

Judgement:

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