100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
IND2601 Assignment 1 2024 - Due 3 September 2024 R50,00
Add to cart

Exam (elaborations)

IND2601 Assignment 1 2024 - Due 3 September 2024

 0 purchase

IND2601 Assignment 1 2024

Preview 2 out of 9  pages

  • August 18, 2024
  • 9
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
All documents for this subject (31)
avatar-seller
MiMemo
IND2601
ASSIGNMENT 1 2024

DUE: 3 SEPTEMBER 2024




SEMESTER 2 2024

, 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
(ii) The legal question that was answered by the court
(iii) The decision of the court and reasons for the judgement


1. 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

The case of Gumede v President of the Republic of South Africa & Others dealt with
the constitutional validity of certain provisions of the Recognition of Customary
Marriages Act 120 of 1998. The applicant, Ms. Nomasonto Gumede, was married to
her husband under customary law in 1968. When their marriage ended, the issue
arose as to how their property should be divided. Under the Act, different property
regimes applied to customary marriages concluded before and after the Act came into
force. Customary marriages before the Act were governed by traditional customary
law, often meaning that women had no right to claim property upon dissolution of the
marriage. Ms. Gumede challenged this, arguing that it discriminated against women
based on gender, race, and age.




(ii) The Legal Question

The legal question before the Constitutional Court was whether sections 7(1) and 7(2)
of the Recognition of Customary Marriages Act were consistent with the Constitution,
particularly in terms of equality and dignity. Section 7(1) applied to marriages before
the Act and preserved the customary law property regime, while Section 7(2) applied
to marriages after the Act and introduced community of property, allowing for more
equitable division of assets. The Court needed to decide if this differential treatment
was constitutional.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller MiMemo. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R50,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

69605 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 15 years now

Start selling
R50,00
  • (0)
Add to cart
Added