Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae)

Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae)

Case Number:

CCT251/17

Citations:

[2018] ZACC 19

Citations:

2018 (5) SA 13 (CC)

Citations:

2018 (10) BCLR 1280 (CC)

Judge:

Cachalia AJ

Judgment Date:

29 June 2018

URI:

http://hdl.handle.net/20.500.12144/34590

Case History:

Application for confirmation of an order of constitutional invalidity of the Cape Town High Court: Moosa NO and Others v Harnaker and Others (400/17) [2017] ZAWCHC 97; [2017] 4 All SA 498 (WCC); 2017 (6) SA 425 (WCC) (14 September 2017). The application was removed from the CC Roll. The matter was determined on the basis of written submissions.

Synopsis:

Wills Act 7 of 1953 — constitutionality of section 2C(1) — definition of “surviving spouse” — spouses in polygamous Muslim marriages excluded — unconstitutional

Judgment:

Full judgment

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2017 [59]

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Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae)

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