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South Africa Case Law

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Constitutional Law [2017] ZAWCHC 97

Moosa NO and Others v Harnaker and Others (400/17)

Moosa NO and Others v Harnaker and Others (400/17) [2017] ZAWCHC 97; [2017] 4 All SA 498 (WCC); 2017 (6) SA 425 (WCC) (14 September 2017)

Court
Western Cape High Court, Cape Town
Case number
400/17
Judge
Le Grange

The High Court held that section 2C(1) of the Wills Act unfairly excluded spouses in polygynous Muslim marriages and ordered a constitutional reading-in remedy.

  • Equality Clause
  • Muslim Marriage Recognition
  • Reading In Remedy
  • Wills Act Interpretation
  • Surviving Spouse Definition
  • Equality-clause
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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.