Please enable JavaScript.
Coggle requires JavaScript to display documents.
End of legal personality, PROSUMPTION OF DEATH, mentally ill/apparently…
End of legal personality
-
-
-
Registration of births
-
-
-
-
-
J v Director General, Department of Home Affairs
same-sex life partnership, one giving birth to twins, seeking for both partners to be registered and recognized as twins’ parents
Registration Act provides for one male and one female parent
Challenged constitutionality of s5 of Children’s Status Act (82 of 1987) – accorded legitimacy to child of married birth mother in case of fertilization, not of a birth mother who is party to same sex life partnership
unfair discrimination on basis of sexual orientation, unjustifiable, declared s5 unconstitutional.
Children’s Status Act replaced by Children’s Act (38 of 2005), with same wording – remains unconstitutional.
Same sex couple concluding civil union viz Civil Unions Act (17 of 2006) not affected, but those in life partnership still discriminated against
-
-
STERILISATION
Right to life not extended to foetus upon conception
Nasciturus does not apply – no child will be born alive.
Foetus is not a legal subject – no nasciturus with rights held in suspension until later live birth transpires…
-
PROSUMPTION OF DEATH
Upon disappearance, with no evidence of a person’s death, death certificate cannot be issued – must seek presumption of death for legal purposes – under common law or statutory provision.
Common law: Legally interested person can approach High Court having jurisdiction where missing person was domiciled at time of disappearance, for order presuming (not declaring) the missing person dead. Burden of proof is balance of probabilities – more probably that missing person is dead than alive.
Rule nisi (return date) granted for finalization of presumption of death order, after having publicized in local newspaper and in Government Gazette calling for objections, failing which, order is made final.
Statutory provision – Inquests Act (58 of 1959): State applies for presumption of death order where person died of unnatural causes, or no body can be found. Burden of proof is beyond reasonable doubt. Does not prevent another person from applying for common law order presuming death.
mentally ill/apparently irreversibly continuously unconscious
consent of guardian/spouse/partner required
-