13/09/2025 Bertus Preller Births Deaths Registration Act, Constitutional law, Gender discrimination, Gender equality, Marriage equality, Patriarchal laws, Surname changes, Unfair discrimination Births Deaths Registration Act, Civil Union Act, colonial law legacy, constitutional challenge, Constitutional Court, constitutional law, discrimination analysis, equality jurisprudence, equality rights, family identity choices, Family Law, gender discrimination, Gender Equality, gender-neutral legislation, human dignity, legislative reform, marital naming rights, marriage equality, men's rights, patriarchal laws, reading-in remedy, section 9 Constitution, South African Law, substantive equality, surname changes, suspended declaration invalidity, unfair discrimination, women's rights Constitutional Court Ends Gender-Based Surname Discrimination: Jordaan and Others v Minister of Home Affairs and Another (CCT 296/24) [2025] ZACC 19 (11 September 2025) – Husbands Can Now Take Their Wives’ Surnames. The Factual Matrix: When Husbands Want to Take Their Wives' Surnames The facts giving rise to this landmark constitutional challenge present a stark illustration of how outdated legislation can collide… READ MORE
23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025). Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex… READ MORE