, IND2601 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 - DUE August 2024 ; 100% TRUSTED Complete, trusted
solutions and explanations
1.Discuss the case and judgement in the case of Gumede v
President of the Republic of South Africa & others (CCT 50/08
[2008] ZACC 23, 2009(3) BCLR 243, whilst addressing the
following: (i) The facts of the case (5) (ii) The legal question that
was answered by the court (7) (iii) The decision of the court and
reasons for the judgement (8)
Gumede v President of the Republic of South Africa & Others
(CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243)
(i) The Facts of the Case (5 marks)
Ms. Sally Gumede was married to her husband under the
KwaZulu-Natal Codes of Zulu Law, which governed customary
marriages. Her husband instituted divorce proceedings, and upon
doing so, it became apparent that under the customary law, she
would not be entitled to any share of the marital property. This
law stipulated that upon dissolution of a customary marriage, the
husband retained ownership of all property acquired during the
marriage, leaving the wife without any claim. Ms. Gumede
challenged the constitutionality of these provisions, arguing that
they discriminated against women.
(ii) The Legal Question Answered by the Court (7 marks)
The primary legal question was whether the provisions of the
Recognition of Customary Marriages Act 120 of 1998 (RCMA)