REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 3 Carmichele v Minister of Safety & Security & Another, 2001 ZACC 22 Constitutional Court upheld an application by a woman to have the state held liable for her brutal attack by a man, who at the time, was awaiting trial for having attempted to rape another woman and had been released without bail despite his history of sexual violence. 4 Ntsabo v Real The Court held that an employer is liable in damages for the sexual Security, 2003 4 ILJ harassment of an employee if he fails to investigate allegations of such 2341 (LC) harassment 5 Van Eeden v Minister Supreme Court of Appeal upheld an appeal by a woman who sought of Safety & Security, damages from the state following her sexual assault, rape and robbery 2003 1 SA 398 (SCA) by a known criminal who had escaped from police custody. 6 S v Ferreira, 2004 4 Taking into account the grim complexities of battered women’s choices, the Supreme Court drastically reduced the sentence of a woman who All SA 373 (SCA) had hired killers to murder her domestic partner after enduring years of abuse from the partner. 7 Grobler v Naspers The Court held an employer vicariously liable for damages caused by BPK en ‘n Ander, sexual harassment of its employee. 2004 (4) SA 220 (C) 8 Masiya v Director of Constitutional Court extended the definition of rape to include nonPublic Prosecutions consensual anal penetration of the anus of females, which was until Pretoria & Another, then not provided for in the statutory definition of rape. 2007 (8) BCLR 827 Succession 9 Amod v Multilateral The Supreme Court of Appeal upheld a widow’s compensation claim Motor Vehicle relating to the loss of a breadwinner following the death of her husband, Accidents Fund,1999 to whom she had been married in terms of Islamic sharia law. (4) SA 1319 (SCA) 10 Bhe & Others v The The Constitutional Court declared unconstitutional and invalid the Magistrate, African customary rule of male primogeniture, which allows an oldest Khayelitsha, 2005(1) male descendant or relative to succeed to the estate of a Black person. SA 580 (CC) 11 Gumede v President Constitutional Court held that a woman who entered into a customary of South Africa, 2008 marriage before the commencement of the Recognition of Customary Marriages Act was still entitled to a share of the matrimonial property ZACC 23 upon the dissolution of the marriage. 12 Shilubana & Others v The Constitutional Court held that the practice of traditional practice of Nwamitwa, 2008 (9) appointing males as chiefs could be developed. In this case, the court BCLR 914 (CC) 158