Constitutional Ruling on the Recognition of Muslim Marriages in South Africa

Article written by S’negugu Dlamini, checked and released by Jordan Dias, Associate at Schindlers Attorneys. 19 August 2022 Introduction On 28 June 2022, the Constitutional Court (“Con Court”) handed down judgment in an application brought by the Women’s Legal Centre Trust (“WLCT”) to confirm an order of the Supreme Court of Appeal (“SCA”). The order
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Customary Divorces and Women’s Rights in South Africa when getting divorced

The rights of women in customary marriages Article written by Eileen Dexter, Candidate Attorney, checked and released by Maike Gohl, Partner at Schindlers Attorneys. 02 March 2022 Introduction Before we address the topic at hand, it is important to understand the difference between a civil marriage and a customary marriage. Certain requirements exist that must
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Bakgaka – Ba – Mothapo Traditional Council v Tshepo Mathule Mothapo & others (926/2018 [2019] ZASCA 130 (30 September 2019)

SUMMARY The issue considered in this appeal was whether a Traditional Council (regulated in terms of customary law) had locus standi to institute action proceedings on behalf of Bakgaka – Ba – Mothapo Traditional Community (the “Appellant”). Furthermore, whether the argument of insufficient number of men/women appointed as councilors to the Premier’s office justified the
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SJ v SE (not yet reported)

SUMMARY In casu, the Respondent sought, inter alia, an order declaring that Rule 43 of the Uniform Rules of Court does not apply to Islamic marriages and in circumstances where a Talaq has been issued.   The parties were married to each other under Islamic Law and 2 (two) children were born of the marriage.
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Moosa and Others v Minister of Justice and Correctional Services and Others [2018] ZACC 19 (29 June 2018)

SUMMARY On 14 September 2017, the High Court of South Africa, Western Cape Division, delivered a judgment in which it declared section 2C(1) of the Wills Act 7 of 1953 (hereinafter “the Wills Act”) constitutionally invalid due to its failure to recognise the rights of a spouse married by Muslim rites in a polygamous marriage
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