Show simple item record 2017-04-08T17:02:19Z 2017-04-08T17:02:19Z 2004-03-15 en
dc.identifier.citation [2004] ZACC 14
dc.identifier.citation 2004 (5) SA 331 (CC)
dc.identifier.citation 2004 (7) BCLR 735 (CC)
dc.title Daniels v Campbell NO and Others en
dc.title.alternative CCT40/03 en
dc.identifier.casenumber CCT40/03 en 6 November 2003
dc.contributor.judge Sachs J Majority judgment
dc.contributor.judge Ngcobo J separate judgment
dc.contributor.judge Moseneke J separate judgment 11 March 2004
dc.concourt.synopsis On appeal, Sachs J held that the word "spouse" in its ordinary meaning includes parties to a Muslim marriage. Accordingly, it was not necessary to read-in words into the Intestate Succession Act and the Maintenance of Surviving Spouses Act. Ngcobo J, concurring, held that legislation must be read in a manner that gives effect to the values of our constitutional democracy in terms of section 39(2) of the Constitution. The word "spouse" in the Statutes under consideration must be construed to reflect this change in legal norms and values reflected in various statutes expressly recognizing Muslim marriages. Previous cases are distinguishable as they are concerned with couples who did not claim to be married under any law. All the members of the Court, except for Moseneke and Madala JJ, concurred in the judgments of Sachs and Ngcobo JJ respectively. Moseneke J, with Madala J concurring, held that the word "spouse" has a specific and settled meaning in our law, and must refer to a party married in accordance with the Marriage Act. The exclusion of people married under Muslim rites from the protection of the Acts in question is unjustifiably discriminatory.
dc.concourt.casehistory Application to Constitutional Court for confirmation of an order and in the alternative, an appeal against an order of the Cape Town High Court: Daniels v Campbell NO and Others 2003 (9) BCLR 969 (C) declaring certain provisions of the Intestate Succession Act 81 of 1987 and the Maintenance of Surviving Spouses Act 27 of 1990 unconstitutional.

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