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 into law by President Ramaphosa in May, the Government of National Unity (GNU) has requested more time to address the defects and invite public participation in the amendment process. The Constitutional Court has granted an extension until June 2026. The following articles explains.
Reprinted from bizcommunity, by Lindsey Schutters – 2024-09-19
In June 2022, the court declared several sections of the Marriage and Divorce Acts unconstitutional.
However, it suspended this declaration for 24 months, giving Parliament until June 2024 to rectify the issues.
As the deadline approached, parliament asked for an additional two years to complete the legislative process, citing the complexity of the amendments and the need for thorough consultation with stakeholders, including Muslim, Hindu, and Jewish communities.
According to the judgment, parliament had taken significant steps by introducing a Marriage Bill in December 2023, but the short timeline made it difficult to achieve sufficient public engagement.
Parliament also argued that failure to grant the extension would result in severe consequences, such as the lack of binding legislation to recognise and regulate Muslim marriages.
GNU settling in
Parliament also argued that the Divorce Act, already addressed through the Divorce Amendment Act of May 2024, was not part of this extension application.
The 2024 elections brought new members to parliament, with the power sharing in the GNU adding further complexity.
This led to the ConCourt deciding that these new members would need time to familiarise themselves with the rules and procedures governing law-making.
Parliament now has until June 2026 to finalise the amendments and help ensure inclusive and participatory law-making processes.
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http://divorceattorneycapetown.co.za/The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.