Ramuhovhi and Another v President of the Republic of South Africa and Others (412/2015)
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…
Source excerpt
- Recognition Of Customary Marriages Act
- Gender Discrimination
- Matrimonial Property Regimes
- Retrospectivity Of Invalidity Orders
- Community Of Property
- Customary Law Development