President of the RSA and Another v Women’s Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others (612/2019) [2020] ZASCA 177 (18 December 2020)

Flynote

Constitutional law – Muslim marriages – whether there is a constitutional obligation on the State to enact legislation recognising Muslim marriages – in the event that a breach of a constitutional obligation has been established, the appropriate remedy to be awarded.


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Cited documents 16

Judgment 8
1. Certification of the Constitution of the Republic of South Africa, 1996 [1996] ZACC 26 (6 September 1996) 96 citations
2. Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening) [2001] ZACC 22 (16 August 2001) 88 citations
3. Doctors for Life International v Speaker of the National Assembly and Others [2006] ZACC 11 (17 August 2006) 64 citations
4. Glenister v President of the Republic of South Africa and Others [2011] ZACC 6 (17 March 2011) 51 citations
5. Daniels v Campbell and Others [2004] ZACC 14 (11 March 2004) 29 citations
6. Women's Legal Trust v President of the Republic of South Africa and Others [2009] ZACC 20 (22 July 2009) 14 citations
7. Minister of Home Affairs and Another v Fourie and Another; Lesbian and Gay Equality Project and Eighteen Others v Minister of Home Affairs [2005] ZACC 20 (1 December 2005) 10 citations
8. Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae) [2018] ZACC 19 (29 June 2018) 10 citations
Legislation 8
1. Promotion of Administrative Justice Act, 2000 2107 citations
2. Promotion of Access to Information Act, 2000 1613 citations
3. Children's Act, 2005 537 citations
4. Divorce Act, 1979 236 citations
5. Recognition of Customary Marriages Act, 1998 119 citations
6. Marriage Act, 1961 118 citations
7. Intestate Succession Act, 1987 60 citations
8. National Prosecuting Authority Amendment Act, 2008 8 citations