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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)

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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017

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1 judgment

Citation	Judgment date
February 1997
Fraser v Children's Court Pretoria North and Others [1997] ZACC 1 (5 February 1997) Reported A legislative rule dispensing with an unmarried father’s consent to adoption unjustifiably discriminates and must be remedied by Parliament. Constitutional law – equality (s8) – adoption law – s18(4)(d) Child Care Act – dispensation of father’s consent for illegitimate child – unjustified discrimination on grounds of marital status/gender; referral under s102(1) – competent; remedy – declaration of invalidity suspended for Parliament to amend (s98(5)).	5 February 1997

Citation

Judgment date

February 1997

Fraser v Children's Court Pretoria North and Others [1997] ZACC 1 (5 February 1997)

Reported

A legislative rule dispensing with an unmarried father’s consent to adoption unjustifiably discriminates and must be remedied by Parliament.

Constitutional law – equality (s8) – adoption law – s18(4)(d) Child Care Act – dispensation of father’s consent for illegitimate child – unjustified discrimination on grounds of marital status/gender; referral under s102(1) – competent; remedy – declaration of invalidity suspended for Parliament to amend (s98(5)).

5 February 1997