''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 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 fi ...

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 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 H ...

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 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 Govern ...

. The judgment was unanimous and was written by Acting Justice Pule Tlaletsi. The case originated in the

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 th ...

, where it was decided by Judge

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 ...

References

{{DEFAULTSORT:Women's Legal Centre Trust v President 2022 in South African case law Constitutional Court of South Africa cases South African administrative law South African anti-discrimination case law South African family case law

See also

References