Synopsis:
Application for confirmation of an order of invalidity. The case concerns the proprietary consequences of a polygynous Muslim marriage within the context of intestate succession. The applicant, was a party to a polygynous Muslim marriage. Her husband died intestate. A party to such a marriage is not a "spouse" for purposes of the Intestate Succession Act 81 of 1987. The exclusion of women in the position of applicant from the protection of the Act unfairly discriminates against them on the listed grounds of religion, martial status and gender. This exclusion is not justifiable and section 1 of the Act was declared unconstitutional. To remedy the defect, the words :"or spouses" are to be read-in after each use of the word "spouse" in the Act.
