Women's Legal Centre Trust v President of the Republic of South Africa and Others is a 2022 decision of the Constitutional Court of South Africa concerning the legal status and regulation of 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]
| 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 |
| Citations | [2022] ZACC 23; 2022 (5) SA 323 (CC); 2023 (1) BCLR 80 (CC) |
| Case history | |
| Prior actions |
|
| Related action | Women's Legal Centre Trust v President of the Republic of South Africa and Others [2009] ZACC 20 |
| Court membership | |
| Judges sitting | Madlanga J, Majiedt J, Mhlantla J, Theron J, Tshiqi J, Madondo AJ, Pillay AJ and Tlaletsi AJ |
| Case opinions | |
| Decision by | Tlaletsi AJ (unanimous) |
The case originated in the Western Cape High Court, where it was decided by Judge Nolwazi Mabindla-Boqwana.[4][5]
See also
editReferences
edit- ^ Abduroaf, Muneer; Moosa, Najma (31 October 2023). "A Brief Analysis of the Judgment in Women's Legal Centre Trust v President of the Republic of South Africa 2022 5 SA 323 (CC)". Potchefstroom Electronic Law Journal. 26. doi:10.17159/1727-3781/2023/v26i0a14595. 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.
- ^ Amien, Waheeda (2020). "Judicial Intervention in Facilitating Legal Recognition (and Regulation) of Muslim Family Law in Muslim-Minority Countries: The Case of South Africa". Journal of Islamic Law. 1: 65. doi:10.53484/JIL.V1.AMIEN.