Daniels v Campbell N.O and Others (1646/2001) [2003] ZAWCHC 41 (1 September 2003)

Daniels v Campbell N.O and Others (1646/2001) [2003] ZAWCHC 41 (1 September 2003)

The court provisionally condoned the applicant's late filing for leave to appeal under Constitutional Court Rule 18(2), finding no prejudice and no opposition from the respondents. The application for a certificate was considered advisory, with the Constitutional Court retaining ultimate authority. The court held that, although the principal judgment did not formally refuse declaratory relief, the reasons given amounted to a 'decision' declining such relief, making it appealable. The issues raised are constitutional matters of substance, affecting the rights of surviving spouses in Muslim marriages. The evidence is sufficient for the Constitutional Court to decide without further...

Citation
[2003] ZAWCHC 41
Parties
Applicant: Juleiga Daniels; Respondent: Robin Grieve Campbell N.O.; Respondent: Melissa Fourie N.O.; Respondent: Soraya Daniels; Respondent: Adielah Jakoet; Respondent: Shahieda Manuel; Respondent: Mogamat Sharief Manuel; Respondent: Sarah Daniels; Respondent: Minister of Justice; Respondent: Registrar of Deeds; Respondent: Master of the High Court
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
1 September 2003
Case Number
1646/01
Procedural Posture
Leave to Appeal / Application for Certificate Under Constitutional Court Rule 18(2) Following Principal Judgment
Outcome
Application for condonation of late filing provisionally granted; certificate issued under Constitutional Court Rule 18(6) for conditional leave to appeal directly to the Constitutional Court; leave reserved for further appeal to the Supreme Court of Appeal or Full Bench pending Constitutional Court outcome; no...
Judges
Binns-Ward AJ
Legal Topics
Intestate Succession, Muslim Marriage Recognition, Maintenance of Surviving Spouses, Statutory Interpretation, Constitutional Invalidity, Reading in Conformity
Constitutional Law Family and Children Intestate Succession Muslim Marriage Recognition Maintenance of Surviving Spouses Statutory Interpretation Constitutional Invalidity Reading in Conformity

Case Brief

Summary, issues, holding and outcome

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Parties

Juleiga Daniels

Applicant

Robin Grieve Campbell N.O.

Respondent

Melissa Fourie N.O.

Respondent

Soraya Daniels

Respondent

Adielah Jakoet

Respondent

Shahieda Manuel

Respondent

Mogamat Sharief Manuel

Respondent

Sarah Daniels

Respondent

Minister of Justice

Respondent

Registrar of Deeds

Respondent

Master of the High Court

Respondent

Procedural Posture

Leave to Appeal / Application for Certificate Under Constitutional Court Rule 18(2) Following Principal Judgment

Legal Issues

  1. 1 Whether the applicant, married under Muslim rites in a monogamous union, qualifies as a 'spouse' under the Intestate Succession Act, 81 of 1987, and as a 'survivor' under the Maintenance of Surviving Spouses Act, 27 of 1990.
  2. 2 Whether the omission of Muslim marriages from the definition of 'spouse' and 'survivor' in the respective statutes is unconstitutional and invalid.
  3. 3 Whether the applicant is entitled to declaratory relief or whether the constitutional invalidity orders require confirmation by the Constitutional Court.

Ratio Decidendi

The court provisionally condoned the applicant's late filing for leave to appeal under Constitutional Court Rule 18(2), finding no prejudice and no opposition from the respondents. The application for a certificate was considered advisory, with the Constitutional Court retaining ultimate authority. The court held that, although the principal judgment did not formally refuse declaratory relief, the reasons given amounted to a 'decision' declining such relief, making it appealable. The issues raised are constitutional matters of substance, affecting the rights of surviving spouses in Muslim marriages. The evidence is sufficient for the Constitutional Court to decide without further...

Court Disposition

Application for condonation of late filing provisionally granted; certificate issued under Constitutional Court Rule 18(6) for conditional leave to appeal directly to the Constitutional Court; leave reserved for further appeal to the Supreme Court of Appeal or Full Bench pending Constitutional Court outcome; no...

Orders

  • The applicant's non-compliance with the time limit prescribed in Rule 18(2) of the Rules of the Constitutional Court is provisionally condoned.
  • A certificate is issued in terms of Rule 18(6) of the Rules of the Constitutional Court, conditionally allowing direct appeal to the Constitutional Court if confirmatory orders are refused.