South africa dating courts and marriage

14-Oct-2015 10:36

First, whether the respondent’s delictual claim for damages is a ‘matrimonial cause or matter incidental to such cause’, as contemplated in s 2 of the Arbitration Act 42 of 1965 (the Act), and is therefore incapable of referral to arbitration.Secondly, whether the arbitrators erred in assessing the extent of an accrual in a matrimonial dispute, as at the date of the dissolution of the marriage and not at the date of litis contestatio.

The court will hear arguments from the state, the Women’s Legal Centre and other interested parties on whether the failure to recognise Muslim marriages discriminates against women. This date with the High Court has been a long time coming.But the WLC, for its part, is also basing its approach on the Constitution.Women’s Legal Centre Attorney Hoodah Abrahams-Fayker told Daily Maverick that the practice of discriminating against Muslim women should not be accepted in democratic South Africa.Under apartheid – in terms of the Marriage Act 25 of 1961, if one prefers specifics – Muslim (Nikah) marriages, Hindu marriages and other traditional marriages were not given the same legal recognition as civil marriages.The Recognition of Customary Marriages Act, which was enacted in 2000, delivered some reforms, but failed to recognise Muslim marriages, thanks to wording that specifically included only “customs and usages traditionally observed among the indigenous African peoples of South Africa, and which form part of the culture of those peoples”.

The court will hear arguments from the state, the Women’s Legal Centre and other interested parties on whether the failure to recognise Muslim marriages discriminates against women. This date with the High Court has been a long time coming.

But the WLC, for its part, is also basing its approach on the Constitution.

Women’s Legal Centre Attorney Hoodah Abrahams-Fayker told Daily Maverick that the practice of discriminating against Muslim women should not be accepted in democratic South Africa.

Under apartheid – in terms of the Marriage Act 25 of 1961, if one prefers specifics – Muslim (Nikah) marriages, Hindu marriages and other traditional marriages were not given the same legal recognition as civil marriages.

The Recognition of Customary Marriages Act, which was enacted in 2000, delivered some reforms, but failed to recognise Muslim marriages, thanks to wording that specifically included only “customs and usages traditionally observed among the indigenous African peoples of South Africa, and which form part of the culture of those peoples”.

Clergy and Sharia courts, says Abrahams-Fayker, frequently side with men.