Women's Legal Centre Trust v President of the Republic of South Africa

Women's Legal Centre Trust v President of the Republic of South Africa,[1] an important case in South African law, was heard in the Constitutional Court[2] on May 20, 2009, with judgment handed down on July 22, 2009.

Facts

The court had to determine whether Parliament and the President had failed in their exclusive constitutional obligation to enact legislation governing Muslim marriages.

Judgment

The court found that the obligation in fact did not fall exclusively on Parliament and the President, and that, in terms of the Constitution,[3] the court did not have exclusive jurisdiction to entertain the application.

The question, therefore, of whether or not Parliament and the President are under an obligation (even if not exclusive) to recognise Muslim marriage, and whether or not such legislation would be consistent with the Constitution,[4][5][6][7] went unanswered.

See also

References

Cases

Notes

  1. ↑ 2009 (6) SA 94 (CC).
  2. ↑ Langa CJ, Moseneke DCJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, O'regan J, Sachs J, Skweyiya J and Yacoob J.
  3. ↑ s 167(4)(e).
  4. ↑ s 9.
  5. ↑ s 10.
  6. ↑ s 15.
  7. ↑ s 31.


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