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Women's Legal Centre Trust V President (2022)
''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. 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. The case originated in the Western Cape High Court, where it was decided by Judge Nolwazi Mabindla-Boqwana. See also * South African family law South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material privat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Administrative Law
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that ''exercise public powers or perform public functions'', irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government." Weichers defines administrative law as a body of legal rules governing the administration, organisation, powers and functions of administrative authorities. For Baxter, it is a set of common-law principles which promote the effective use of administrative power, protect against misuse, preserve a balance of fairness and maintain the public intere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa Cases
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Nine Of The Constitution Of South Africa
Section Nine of the Constitution of South Africa guarantees equality before the law and freedom from discrimination to the people of South Africa. This equality right is the first right listed in the Bill of Rights. It prohibits both discrimination by the government and discrimination by private persons; however, it also allows for affirmative action to be taken to redress past unfair discrimination. Text Under the heading "Equality", the section states: Notable cases * '' President of the Republic of South Africa and Another v Hugo'' (1997) — a presidential decision to remit the sentences of imprisoned mothers with young children is not unfair discrimination against similarly-situated fathers. * ''Prinsloo v Van der Linde and Another'' (1997) — a law which imposes a different onus of proof in civil cases involving forest fires does not deny equal protection of the law or amount to unfair discrimination. * '' Larbi-Odam and Others v MEC for Education (North-West Province) and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Litigation In South Africa
In law, South African constitutional litigation is the area dealing with the rules and principles concerning constitutional matters in the country of South Africa. It includes the jurisdiction of the Constitutional Court of South Africa, the High Court of South Africa, the Supreme Court of Appeal of South Africa, and certain other specialist courts. It also includes the consideration of rules peculiar to these courts that are relevant to constitutional litigation, such as the admission of an ''amicus curiae'', the duty to raise a constitutional matter as early as possible in proceedings, and the duty to join the relevant organ of state in a case involving a constitutional issue. Litigating fundamental rights The South African Bill of Rights is "the principal source of substantive constraints on public power in the Constitution." The Bill of Rights instructs the state to use the power that the Constitution of South Africa gives it in ways that do not violate fundamental rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Family Law
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife (including the parties to a civil union); (ii) parents, guardians (and other holders of parental rights and responsibilities) and children; and (iii) relatives related through blood and affinity." Subdivisions There are various branches of family law, among them * the law of engagement; * matrimonial law and the law of civil unions; * matrimonial property law; * the law of divorce; and * the law of parenting. Marriage Marriage is the act by which a marriage relationship is formed, and which defines the relationship created by that act. The act and the relationship are interrelated: The former requires an intention to create the latter, and the consequences o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nolwazi Mabindla-Boqwana
Nolwazi Penelope Mabindla-Boqwana (born 13 January 1973) is a South African judge of the Supreme Court of Appeal. Before she joined the Supreme Court in July 2021, she was a judge in the Western Cape High Court between 2013 and 2021. She has additionally served on the Competition Appeal Court since January 2017. Before entering the judiciary, she practiced as an attorney in Johannesburg with a specialty in labour law. Early life and education Mabindla-Boqwana was born on 13 January 1973 in Humansdorp in the Eastern Cape. She matriculated at Khwezi Lomso Comprehensive School in Port Elizabeth and attended the University of the Witwatersrand, where she completed a BProc in 1996 and an LLB in 1998. Later, in 2002, she completed a management development programme at the Gordon Institute of Business Science in Johannesburg. Career as an attorney After completing her articles of clerkship at Deneys Reitz in Johannesburg, Mabindla-Boqwana was admitted as an attorney of the Hig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Cape High Court
The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over the Western Cape province of South Africa (except for the Murraysburg district which falls within the jurisdiction of the Eastern Cape Division). The division, which sits at Cape Town, consists of 31 judges led by Judge President John Hlophe. History The origins of the Western Cape Division lie in the Supreme Court of the Colony of the Cape of Good Hope, which was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Upon the creation of the Union of South Africa in 1910, the Supreme Court of the Cape Colony was transformed by the South Africa Act 1909 into the Cape of Good Hope Provincial Division of the new Supreme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter Two Of The Constitution Of South Africa
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
