We’ve been following the Women’s Legal Centre Trust v President of the Republic of South Africa and Others (2022) case since the beginning, and have written extensively on the Divorce Amendment Bill, which will grant women in Muslim marriages the same rights on divorce as their compatriots in conventional unions. Although the Bill was signed […]
Divorce Act changes: Reprinted from BusinessTech, by Luke Fraser – 2024-05-09 President Cyril Ramaphosa has signed the Divorce Amendment Bill into law, bringing changes to Muslim divorces in South Africa. The amendment to the Divorce Act of 1979 comes after the Constitutional Court in the Women’s Legal Centre Trust v President of the Republic of South Africa […]
Reprinted from Business Tech, by Luke Fraser – 2024-02-28 The Divorce Amendment Bill has been passed by the National Council of Provinces and now only needs President Cyril Ramaphosa’s signature to become law. The Bill amends the Divorce Act, which the Constitutional Court in the Women’s Legal Centre Trust v President of the Republic of South Africa and […]
Reprinted from iol.co.za, by Mayibongwe Maqhina – 2024-01-27 The Department of Justice and Constitutional Development on Thursday said that it was cognisant of issues raised by civil society organisations for the need of reforms to the marriage laws. This after Cosatu and Nehawu made calls for the overhaul of marriage laws when they made written […]
Reprinted from SABCnews.com, by Nomsa Mazibuko – 2020-12-18 The country’s second-highest court says the Acts fail to recognise marriages under Sharia Law The Supreme Court of Appeal (SCA) in Bloemfontein has declared the Marriage Act 25 of 1961 and the Divorce Act 70 of 1979 to be inconsistent with sections of the constitution. The country’s second-highest court […]
Muslim marriages are still not recognised in South African law. What does this mean for interim maintenance in a divorce? Some time ago we wrote about Muslim marriages. Muslim and Hindu marriages, unlike customary marriages, are not governed by civil law in South Africa, although they are recognised as having the same rights, responsibilities and […]
Muslim marriages – In 2005, when the Constitutional Court ruled that same-sex marriages should have the same rights, responsibilities and legal consequences as any other civil marriage or union, customary marriages also gained full recognition. Muslim and Hindu marriages, unfortunately, did not as they are not governed by civil law. Muslim marriages This situation is […]
