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dc.date.accessioned 2017-04-08T17:10:45Z
dc.date.available 2017-04-08T17:10:45Z
dc.date.created 2008-08-11 en
dc.identifier.citation [2008] ZACC 23
dc.identifier.citation 2009 (3) BCLR 243 (CC)
dc.identifier.citation 2009 (3) SA 152 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3551
dc.title Gumede v President of the Republic of South Africa and Others (Women's Legal Centre Trust as Amicus Curiae) en
dc.title.alternative CCT50/08 en
dc.identifier.casenumber CCT50/08 en
dc.date.hearing 11 September 2008
dc.contributor.judge Moseneke DCJ
dc.date.judgment 8 December 2008
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3551/Full%20judgment%20Official%20version%20%28148%20Kb%29-13172.pdf?sequence=16&isAllowed=y
dc.concourt.synopsis Application for confirmation of an order of invalidity made by the Durban High Court declaring certain sections of the Recognition of Customary Marriages Act, 1998, the KwaZulu Act on the Code of Zulu Law Act, 1985 and the Natal Code of Zulu Law Proclamation of 1987 unconstitutional. The High Court held that the combined effect of the Acts and the Code was that a wife to a customary marriage entered into before the commencement of the Recognition of Customary Marriages Act, 1998 would be entitled to nothing upon the dissolution of such a marriage. This was in contrast with customary marriages entered into after the commencement of that Act which were automatically in community of property, and thus the Acts and the Code were unconstitutional to that extent. Moseneke DCJ agreed with the High Court that certain provisions of the Acts and the Code constituted unfair discrimination, and consequently confirmed the order of constitutional invalidity issued by the High Court.
dc.concourt.casehistory made by Theron J in the Durban and Coast Local Division of the High Court: Gumede v President of the Republic of South Africa and Others Case No 4225/2006 Durban and Coast Local Division, 13 June 2008, unreported.


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