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South Africa decisions
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Sandile v President of the Republic of South Africa and Others (22654/2011) [2016] ZAGPPHC 933 (18 October 2016)
The High Court set aside decisions refusing to recognise the amaRharhabe paramountcy, finding procedural unfairness and unlawful use of the wrong Act.
Ramuhovhi and Another v President of the Republic of South Africa and Others (412/2015) [2016] ZALMPTHC 18; 2016 (6) SA 210 (LT) (1 August 2016)
Section 7(1) of the Recognition of Customary Marriages Act 120 of 1998 is inconsistent with the Constitution as it unjustifiably discriminates against women in polygamous customary marriages entered into before 15 November 2000, on the grounds of gender, race, and ethnic or social origin. The discriminatory effect is compounded by the exclusion of these women from proprietary rights and control over marital property, perpetuating vulnerability and inequality. The court found no justification for this discrimination and held that a direct remedy is required to protect affected women and childr…
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Mayelane v Ngwenyama and Another (CCT 57/12) [2013] ZACC 14; 2013 (4) SA 415 (CC); 2013 (8) BCLR 918 (CC) (30 May 2013)
The Constitutional Court held that, under Xitsonga customary law and the Recognition of Customary Marriages Act, the consent of the first wife is necessary for the validity of a subsequent customary marriage. The Court found that neither the Recognition Act nor Xitsonga custom, as previously interpreted, expressly required such consent, but constitutional principles of equality and dignity demand its inclusion. The Court developed Xitsonga customary law to require the first wife's consent for the validity of further customary marriages, aligning customary law with constitutional values. The o…
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Bhe and Others v Magistrate, Khayelitsha and Others (9489/02) [2003] ZAWCHC 49; 2004 (1) BCLR 27 (C); 2004 (2) SA 544 (C) (25 September 2003)
The court held that the principle of primogeniture, as applied under African Customary Law and enforced by the Black Administration Act and its regulations, constitutes unfair discrimination on the grounds of race and gender, violating section 9 of the Constitution. The exclusion of female descendants from intestate succession cannot withstand constitutional scrutiny. The relevant provisions of the Black Administration Act, its regulations, and section 1(4)(b) of the Intestate Succession Act are declared unconstitutional and invalid to the extent that they exclude female and Black descendants…
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