Decision 14 December 1998 by Judge Pillay and others.

Gideon Niewoudt, above, asked to have his application heard separately.

This is an application for the release of a detainee held in terms of the emergency regulations which are in force. The applicant is the acting regional superior of the Dominican Order in South Africa and the detainee is a nun who is a member of that order. The arrest of the detainee was declared unlawful and set aside.

Application for an order declaring Sections 37 and 39 (2) (ii) of the Transkei Marriage Act of 1978 unconstitutional. (Case concerns the husband's marital power over the wife). The court ruled in favour of the applicant.

The applicant was seeking an order to declare the provisions of Sections 37 and 39(2)(ii) of the Transkei Marriage Act No.21 of 1978 and the relevant rules of common law inconsistent with the provisions of the Bill of the Rights contained in the Constitution of the Republic of South Africa Act No.200 of 1993. The applicant is married to the respondent out of community of property. The 7th and 8th respondents were granted leave to intervene and the costs to intervene were reserved.

The applicant was seeking relief against the respondent for the rent owed to him. The applicant and the respondent got to an oral agreement as the lessor and the lessee. The respondent breached their agreement after the applicant had increased the rent from R21.50 to R60.00 and he illegally operated a shebeen on the premises. The respondent failed to remedy the breaches, the applicant cancelled the agreement and instituted legal action against the respondent. Relief was granted against the respondent.

The application concerns a man who is in detention under section 29 of the Internal Security Act No 74 of 1982. The question raised in this application is whether the detention was valid and the seizure of the documents from the detainee. The applicants are the anti - apartheid organisation in which the detainee is active and his father. The application succeeded.

The case concerned the detention of Sithole, aged 14, in Johannesburg prison, not a place of safety.

The applicant was seeking an order directing the respondents to release her son from their custody and control, alternatively directing the respondents to produce him before the Court on a fixed date. The applicant is the mother of one of the three men who were arrested by the police at the Port Elizabeth airport. The application was dismissed with costs including of two counsel.

The applicants were applying for leave to intervene in a claim for the restitution of a right in land in the farm "Grootte Springfontein on the Cape West Coast". The applicant is a non-profit, non-government organisation with a long track record of involvement in the area of forced removals. The application for leave to intervene was refused and no order to costs.