Ramuhovhi and Others v President of the Republic of South Africa and Others (CCT194/16) [2017] ZACC 41; 2018 (2) BCLR 217 (CC); 2018 (2) SA 1 (CC) (30 November 2017)

Ramuhovhi and Others v President of the Republic of South Africa and Others (CCT194/16) [2017] ZACC 41; 2018 (2) BCLR 217 (CC); 2018 (2) SA 1 (CC) (30 November 2017)

Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998, as applied to pre-Act polygamous customary marriages, is unconstitutional because it perpetuates unfair discrimination against women on the grounds of gender and marital status, denying them ownership and control over marital property and violating their rights to equality and dignity. The Court confirmed the High Court's declaration of invalidity, suspended the order for 24 months to allow Parliament to remedy the defect, and provided interim relief granting wives and husbands joint and equal ownership and management rights over marital property. The retrospective effect of the order is limited to avoid disruption,...

Citation
[2017] ZACC 41
Parties
Applicant: Matodzi Ramuhovhi; Applicant: Thinamano Edson Netshituka; Intervening Party: Thokozani Thembekile Maphumulo; Respondent: President of the Republic of South Africa; Respondent: Minister of Justice and Correctional Services; Respondent: Estate: Musenwa Joseph Netshituka; Respondent: Munyadziwa Joyce Netshituka; Respondent: Master of the High Court, Thohoyandou; Respondent: Minister of Home Affairs; Respondent: Simiso Siphosethu Maphumulo; Amicus Curiae: Trustees of the Women’s Legal Centre Trust
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
30 November 2017
Case Number
CCT 194/16
Procedural Posture
Constitutional Confirmation / Application for Confirmation of High Court Order of Constitutional Invalidity
Outcome
The Constitutional Court confirmed the declaration of constitutional invalidity of section 7(1) of the Recognition of Customary Marriages Act 120 of 1998 as it applies to pre-Act polygamous customary marriages, suspended the order for 24 months with interim relief, granted leave to intervene to Ms Maphumulo, and...
Judges
Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Mojapelo AJ, Pretorius AJ, Zondo J
Legal Topics
Recognition of Customary Marriages Act, Gender Equality, Retrospective Invalidity, Matrimonial Property Regimes, Discrimination on Marital Status, Intervention Procedure
Constitutional Law Family and Children Recognition of Customary Marriages Act Gender Equality Retrospective Invalidity Matrimonial Property Regimes Discrimination on Marital Status Intervention Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Matodzi Ramuhovhi

Applicant

Thinamano Edson Netshituka

Applicant

Thokozani Thembekile Maphumulo

Intervening Party

President of the Republic of South Africa

Respondent

Minister of Justice and Correctional Services

Respondent

Estate: Musenwa Joseph Netshituka

Respondent

Munyadziwa Joyce Netshituka

Respondent

Master of the High Court, Thohoyandou

Respondent

Minister of Home Affairs

Respondent

Simiso Siphosethu Maphumulo

Respondent

Trustees of the Women’s Legal Centre Trust

Amicus Curiae

Procedural Posture

Constitutional Confirmation / Application for Confirmation of High Court Order of Constitutional Invalidity

Legal Issues

  1. 1 Does section 7(1) of the Recognition of Customary Marriages Act 120 of 1998, as it applies to pre-Act polygamous customary marriages, violate the Constitution?
  2. 2 What is the appropriate remedy if section 7(1) is found unconstitutional, including the scope of retrospectivity and interim relief?
  3. 3 Should Ms Maphumulo be granted leave to intervene in the proceedings?

Ratio Decidendi

Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998, as applied to pre-Act polygamous customary marriages, is unconstitutional because it perpetuates unfair discrimination against women on the grounds of gender and marital status, denying them ownership and control over marital property and violating their rights to equality and dignity. The Court confirmed the High Court's declaration of invalidity, suspended the order for 24 months to allow Parliament to remedy the defect, and provided interim relief granting wives and husbands joint and equal ownership and management rights over marital property. The retrospective effect of the order is limited to avoid disruption,...

Court Disposition

The Constitutional Court confirmed the declaration of constitutional invalidity of section 7(1) of the Recognition of Customary Marriages Act 120 of 1998 as it applies to pre-Act polygamous customary marriages, suspended the order for 24 months with interim relief, granted leave to intervene to Ms Maphumulo, and...

Orders

  • Ms Thokozani Thembekile Maphumulo is granted leave to intervene.
  • Condonation is granted for the late filing of written submissions by the third, fourth, and seventh respondents.