The Albie Collection

Gender Justice | The Harksen Case

Harksen Case: Constitutional Court Press Summary

Harksen Case: Abridged Judgment

Harksen Case: Constitutional Court Full Judgment

Harksen Case: Video Transcript

Video Chapters

- The subtle masks that racial and gender oppression may don
- The patriarchal nature of insolvency law
- The concept of proportionality
- The 'spouse' as 'wife' in practice
- Why should Jill come tumbling after?

The Harksen Case

1997

Harksen v President of the Republic of South Africa and Others

Gender discrimination - wives as extensions of their husbands

The Harksen Case became famous for its step-by-step exposition of how proportionality analysis should be used when balancing the interests of persons whose rights were being limited against the public interest being served by the limitation. But it also dealt with the issue of gender discrimination. Harksen was a crook who gave his wife expensive jewellery that she hid in her trainers in her gym locker. When he was

Doc #TAC_C_03_03_01_01
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