Answer to Question #201405 in Law for Shan

Question #201405

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 facts of the case (4marks)

Expert's answer

The case is about a claim of unfair gender and race discrimination in relation to women who are married under customary law as codified in KwaZulu-Natal. It underlined the persistent of patriarchy and the vulnerability of women as victims. The applicant approached the Constitutional Court for confirmation of a declaratory order by the High Court of the constitutional invalidity particularly of section 7(1) and (2) of the Recognition of Customary Marriage Act 120 of 1998. The unconstitutionality was confirmed. Traditional monogamous marriages were declared to have the same status as new monogamous marriage which is marriage in community of property. The KwaZulu-Natal code was also declared inconsistent with the Recognition of Customary Marriage Act 120 of 1998.

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