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South Africa Case Law

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Constitutional Law [2009] ZACC 19

Hassam v Jacobs NO and Others (CCT83/08)

Hassam v Jacobs NO and Others (CCT83/08) [2009] ZACC 19; 2009 (11) BCLR 1148 (CC) ; 2009 (5) SA 572 (CC) (15 July 2009)

Court
Constitutional Court
Case number
CCT83/08
Judges
Nkabinde, Langa, Moseneke, Cameron, Mokgoro, Ngcobo, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob

The exclusion of spouses in polygynous Muslim marriages from the protection of the Intestate Succession Act constitutes unfair discrimination on the grounds of gender, marital status, and religion, violating section 9(3) of the Constitution. The Act's differentiation is not justifiable under section 36, as it perpetuates historical prejudice and denies vulnerable women substantive equality and dignity. The word 'spouse' in the Act cannot, as a matter of statutory interpretation, be read to include multiple spouses in polygynous marriages. To cure the constitutional defect, the Act must be rea…

Source excerpt

  • Equality Clause
  • Intestate Succession
  • Muslim Personal Law
  • Gender Discrimination
  • Interpretation Of Statutes
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Constitutional Law [2008] ZAWCHC 37

Hassam v Jacobs NO and Others (5704/2004)

Hassam v Jacobs NO and Others (5704/2004) [2008] ZAWCHC 37; [2008] 4 All SA 350 (C) (18 July 2008)

Court
Western Cape High Court, Cape Town
Case number
5704/2004
Judge
D Van Reenen

The court held that the exclusion of surviving spouses of polygynous Muslim marriages from the benefits of the Intestate Succession Act and the Maintenance of Surviving Spouses Act constitutes unfair discrimination based on marital status, religion, and culture, and infringes their constitutional rights to equality and dignity. The statutory language is capable of being interpreted to include multiple spouses, and where linguistic difficulties arise, such as in section 1(4)(f) of the Intestate Succession Act, a reading-in remedy is appropriate to ensure constitutional compliance. The court de…

Source excerpt

  • Intestate Succession
  • Maintenance Of Surviving Spouses
  • Muslim Personal Law
  • Equality
  • Discrimination
  • Statutory Interpretation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.