Women's Legal Centre Trust v President (2022)
| Women's Legal Centre Trust v President | |
|---|---|
 | |
| Court | Constitutional Court of South Africa |
| Full case name | Women's Legal Centre Trust v President of the Republic of South Africa and Others |
| Decided | 28 June 2022 |
| Docket nos. | CCT 24/21 |
| Citation(s) | [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) |
| Case history | |
| Prior action(s) |
|
| Related action(s) | |
| Case opinions | |
| Decision by | Tlaletsi AJ (unanimous) |
Women's Legal Centre Trust v President of the Republic of South Africa and Others is a 2022 decision of the
Muslim marriages. The Constitutional Court declared that the Marriage Act, 1961 and Divorce Act, 1979 were unconstitutional insofar as they failed to recognise and regulate marriages solemnised in accordance with sharia and not registered as civil marriages.[1] This failure was inconsistent with various constitutional rights in sections 9, 10, 28 and 34 of the Constitution of South Africa. The judgment was unanimous and was written by Acting Justice Pule Tlaletsi.[2][3]
The case originated in the
See also
- South African family law
- Constitutional litigation in South Africa
- Section Nine of the Constitution of South Africa
References
- ISSN 1727-3781.
- ^ Broughton, Tania (29 June 2022). "Marriages under Islamic law given legal status". GroundUp News. Retrieved 7 February 2024.
- ^ Chabalala, Jeanette (28 June 2022). "ConCourt confirms order recognising Muslim marriages". News24. Retrieved 7 February 2024.
- ^ Abduroaf, Muneer (30 June 2020). "Analysis of the Women's Legal Centre Trust case". De Rebus. Retrieved 7 February 2024.
- .