SCA declares marriage act and divorce act inconsistent with constitution

18 December 2020 -   @SABCNews

The country's second-highest court says the Acts fail to recognise marriages under Sharia Law

The Supreme Court of Appeal (SCA) in Bloemfontein has declared the Marriage Act 25 of 1961 and the Divorce Act 70 of 1979 to be inconsistent with sections of the constitution.

The country’s second-highest court says the Acts fail to recognise marriages under Sharia Law. The ruling must be confirmed by the Constitutional Court since it affects constitutional validity.

In 2018, the Western Cape High Court declared the failure by the government to pass Muslim marriage laws as unconstitutional.

The Women Legal Centre Trust brought the matter before the court to seek legal protection for women in Muslim marriages and their children.

The government challenged the high court judgment before the SCA,  arguing that it was legally flawed.

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