Exam (elaborations)
IND2601 Assignment 1 2024 - Due 3 September 2024
- Course
- IND2601 (IND2601)
- Institution
- University Of South Africa (Unisa)
IND2601 Assignment 1 2024
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IND2601ASSIGNMENT 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.
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