Course Hero Logo

HARKSEN v LANE NO AND OTHERS 1998 (1 ) SA 300 (CC ).doc -...

Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. This preview shows page 1 - 3 out of 52 pages.

HARKSEN v LANE NO AND OTHERS 1998 (1 ) SA 300 (CC )1998 (1 ) SA p300Citation1998 (1 ) SA 300 (CC )Case NoCCT 9/97CourtConstitutional CourtJudgeGoldstone J , Chaskalson P , Langa DP , Ackermann J , Kriegler J , Madala J ,Mokgoro J , O'Regain J , Sachs JHeardAugust 26, 1996JudgmentOctober 7, 1997CounselW R E Duminy (with him A M Breitenbach) for the applicantNo appearance for the respondentsW H Trengove (with him D Spitz) for the amicus curiae (the Council of SouthAfrican Banks)I[zFNz] Flynote : SleutelwoordeInsolvency - Property passing to trustee - Section 21 of Insolvency Act 24 of 1936,providing for temporary vesting of ownership of solvent spouse's property in Master ortrustee of insolvent estate of his/her insolvent spouse - Such vesting not expropriation ofproperty of solvent spouse - Accordingly not inconsistent with right not to have rights inproperty J1998 (1 ) SA p301expropriated without compensation in terms of s 28(3) of Constitution of the Republic ofSouth A Africa Act 200 of 1993.Insolvency - Creditors - Meeting of creditors - Examination of insolvent's spouse atmeeting of creditors - Sections 64 and 65 of Insolvency Act 24 of 1936 not infringingright to freedom and security of the person in terms of s 11(1 ) of Constitution of theRepublic of South Africa Act 200 of B 1993 or right to privacy in terms of s 13 ofConstitution - Sections not compelling solvent spouse summoned to enquiry to revealprivate information nor compel any person summoned to such enquiry to answerquestions which would constitute invasion of constitutional rights of examinee.Constitutional practice - Courts - Constitutional Court - Referral in terms of s 102(1 ) ofConstitution C of the Republic of South Africa Act 200 of 1993 - Exhaustion ofconstitutional remedies - No hard and fast rule that in no case should referral be madewhere non-constitutional remedies not exhausted - Objection dismissed where no non-constitutional remedies available to party.Constitutional law - Human rights - Right not to have rights in property expropriatedwithout D compensation in terms of s 28(3) in chap 3 of Constitution of the Republic ofSouth Africa Act 200 of 1993 - Expropriation involving acquisition of rights in property
by public authority for public purpose - Distinguished from deprivation of rights inproperty falling short of compulsory E acquisition of rights by authority - Section 21 ofInsolvency Act 24 of 1936, providing for temporary vesting of ownership of solventspouse's property in Master or trustee of insolvent estate of his/her insolvent spouse, notexpropriation of property of solvent spouse.Constitutional law - Human rights - Right to equality before the law and not to beunfairly discriminated against in terms of s 8 in chap 3 of Constitution of the Republic ofSouth Africa Act F 200 of 1993 - Section 21 of Insolvency Act 24 of 1936 differentiatingbetween solvent spouse of insolvent and other persons who might have had dealings withinsolvent - Differentiation not infringing right to equal protection of the law because

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 52 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Fall
Professor
NoProfessor
Tags

Newly uploaded documents

Show More

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture